RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04221 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to receive the special rate of basic pay (O-3E), based on having completed four years and one day of prior enlisted service or more than 1,460 points as computed under Title 10 United States Code (10 U.S.C.) 12732(a)(2). _________________________________________________________________ APPLICANT CONTENDS THAT: His military record was audited four times in the last eight years by the Defense Finance and Accounting Service (DFAS) and the Air Force Personnel Center (AFPC) and it was determined he was not eligible for O-3E pay. On three prior occasions it was determined he was eligible for the special pay. The requirements for entitlement to the special pay rate are four years and one day of prior enlisted service or more than 1,460 points creditable towards retirement. He has 1,529 points per his Statement of Service for Naval Reserve Retirement from 14 Jun 91 to 13 Jun 99. In support of his request, the applicant provides copies of a Naval Reserve Points Summary Statement, emails pertaining to his pay from the Inspector General (IG), DFAS and AFPC, and Excerpts from Department of Defense (DoD) Financial Management Regulation (FMR), Volume 7A, and 10 U.S.C. 12732(a)(2). The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on active duty in the grade of captain. DFAS has confirmed the debt the applicant incurred as a result of the erroneous special pay entitlement has been fully remitted. The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIPV recommends the application be denied. DPSIPV states based on a review of the applicant’s request and his military records, he was erroneously awarded the special pay entitlement; thus, incurring a debt not within his control. DPSIPV states in accordance with DoD FMR, Volume 7A, Chapter 1, paragraph 010103 (A)(6), commissioned officers who served over four years of active service or were credited with more than 1,460 points while a member of the Reserves, computed under 10 U.S.C. 12732(a)(2), are entitled to the special rate basic pay for pay grades O-1E, O-2E, and O-3E. The applicant’s Statement of Service for Naval Reserve Retirement reflects that he has a total of 1,529 retirement points creditable for pay. However, according to the “Satisfactory” column, he only had four qualifying years with an accumulation of 1,458 points of service for retirement purposes. The four years of qualifying service was actually during his active duty service not as a member of the Reserves. The complete DPSIPV evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 7 Jan 11, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (Exhibit C). _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. _________________________________________________________________ The following members of the Board considered Docket Number BC-2010-04221 in Executive Session on 11 Aug 11, under the provisions of AFI 36-2603: The following documentary evidence was as considered: Exhibit A. DD Form 149, dated 9 Nov 10, w/atchs. Exhibit B. Letter, AFPC/DPSIPV, dated 28 Dec 10. Exhibit C. Letter, SAF/MRBR, dated 7 Jan 11.