RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-01319 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be awarded an additional 2.5% of his base pay plus Cost-Of- Living-Adjustments (COLA) due to the additional time he spent in the Arizona Air National Guard (AZ ANG). APPLICANT CONTENDS THAT: His total military service time should be 20 years, 15 months and 58 days instead of 20 years, 4 months and 33 days entitling him to the additional 2.5%. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 8 Jul 63, the applicant entered the Regular Air Force. On 30 Nov 84, the applicant was relieved from active service due to voluntary retirement and transferred to the retired reserve until 11 Jul 93. He was credited with 20 years, 5 months and 3 days for retirement, and 21 years, 4 months and 20 days for basic pay. The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSIPV recommends disapproval of the applicant’s request. In accordance with the law at the time of his retirement, he was not entitled to receive additional credit toward the computation of his retirement pay for his AZ ANG Reserve time. The applicant’s effective retirement date was 1 Dec 84. At the time of his retirement, he had 20 years, 5 months and 3 days of active duty service which includes eight days of active duty Guard service. His current retirement pay computation was determined based on this period of time. According to his DD Form 13, Statement of Service, he enlisted into the Air Force on 8 Jul 63 and was discharged on 7 Jul 75. After a short break in continuous service, he enlisted into the AZ ANG on 11 Jul 75 and was later discharged on 5 Jul 76 with subsequent enlistment into the active Air Force on 7 Jul 76. He had 11 months and 25 days of service with the AZ ANG. At the time of his retirement in 1984, the retirement pay multiplier established under Title 10, section 1405, did not exist for enlisted members; thus, they were not awarded additional credit towards the computation of their retirement pay for periods of reserve time. The computation of the retired pay under Title 10, Section 1405, for enlisted members became effective on 5 Oct 94 under the National Defense Authorization Act for Fiscal Year 1995. A complete copy of the AFPC/DPSIPV evaluation is at Exhibit C. AFPC/DPSOR recommends disapproval of the applicant’s request for an additional percentage in retirement pay for time served in the AZ ANG as there is no error reflected in his pay. The applicant’s retirement orders dated 10 Feb 84 reflect his Service for Basic Pay as 21 years, 4 months and 20 days and his active Service for retirement as 20 years, 5 months and 32 days. They reviewed the applicant’s Defense Finance and Accounting Service (DFAS) records and it is reflected correctly to show the service percentage multiplier for the active duty time served. Per Title 10 USC §1405, pay is computed for active service of 20 years, 5 months and 3 days. A complete copy of the AFPC/DPSOR evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluations were forwarded to the applicant on 16 Dec 15 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office. FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicant’s request and the available evidence of record, we find the application untimely. Applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603. Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner. THE BOARD DETERMINES THAT: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely. The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01319 was considered: Exhibit A. DD Form 149, dated 23 Mar 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIPV, dated 9 Nov 15. Exhibit D. Memorandum, AFPC/DPSOR-RET, dated 9 Nov 15. Exhibit E. Letter, SAF/MRBR, dated 16 Dec 15.