RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03149 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect his pay grade was E-6, instead of E-5. 2. His retired pay be recomputed based on this correction. _______________________________________________________________ APPLICANT CONTENDS THAT: The error annotated on his DD Form 214 caused his retirement pay to be that of staff sergeant (E-5), instead of technical sergeant (E-6). The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 20 April 1967, the applicant was promoted to the grade of technical sergeant (E-6), effective and with a date of rank of 1 May 1967. On 30 September 1971, the applicant retired in rank of technical sergeant (E-6) and was credited with 20 years and 26 days of total active service. However, while his DD Form 214 correctly reflects his rank as “technical sergeant,” his pay grade is erroneously reflected as “E-5,” rather than “E-6.” On 23 August 2012, AFPC/DPSOR notified the applicant that his DD Form 214, would be corrected to reflect his pay grade as “E-6,” instead of “E-5.” ________________________________________________________________ AIR FORCE EVALUATION: DFAS recommends denial of the applicant’s request related to his retired pay, indicating there is no evidence of an error or injustice. While the applicant contends that his DD Form 214 contained an error that effected his retired pay, a thorough review of his records indicates that his retired pay was correctly computed based on his retired grade of technical sergeant (E-6) in accordance with Pay Bill 12 (retired pay is based on fifty percent of the final active duty pay of members completing 20 years of qualifying service for retirement), regardless of the noted error on his DD Form 214. A complete copy of the DFAS evaluation is at Exhibit C. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 30 October 2012 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). _______________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however it is in the interest of justice to excuse the failure to timely file 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice regarding the applicant’s retired pay. 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 Defense Finance and Accounting Service (DFAS) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice with respect to his retired pay. We note the applicant’s pay grade, as reflected on his DD Form 214, erroneously reflects “E-5,” instead of “E-6” and will be administratively corrected by the Air Force office of primary responsibility. Therefore, in view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting any relief beyond that rendered administratively. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2012-03149 in Executive Session on 2 April 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 June 2012, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, DFAS, undated. Exhibit D. Letter, SAF/MRBR, dated 30 October 2012. Panel Chair