RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01547

   						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His total time in service for the purposes of computing retired pay be changed from 20 years and 6 months to 21 years.  

APPLICANT CONTENDS THAT:

His current time in service fails to include the period of time he spent in the Delayed Enlistment Program (DEP) from 15 Jul 58 through 17 Nov 58.  As a result, his retired pay should be calculated using 52.5 percent of his base pay rather than the 50 percent currently being used.  

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 19 Nov 58.

On 1 Mar 79, the applicant retired after serving 20 years, 3 months, and 12 days of total service for 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 EVALUATIONS:

AFPC/DP2LT recommends denial indicating there is no evidence of an error or an injustice.  The DEP is for individuals with no prior military service who are qualified to enlist in a regular component of the Armed Forces.  To enlist in the DEP, a DD Form 4, Enlistment Contract, is completed and signed by the member.  According to the documents submitted by the applicant, he initially enlisted into the Regular Air Force on 19 Nov 58 with no prior service annotated on the DD Form 4.  According to the DD Form 214 he submitted he was released from active duty on 10 May 63 and transferred to the Reserves with 4 years, 5 months, and 22 days of net service for this period and no prior service reflected in item 24(2), Other Service.  After a thorough review of all of the available documents, a contract for enlistment into the DEP to substantiate his claim was not found.  The applicant’s DD Form 13, Statement of Service, confirms the dates on his DD Form 214 are correct.  Without a signed contractual agreement, a DD Form 4, service in the DEP cannot be confirmed, and service credit cannot be awarded.

A complete copy of the AFPC/DP2LT evaluation is at Exhibit C.

DPSOR-RET recommends denial indicating there is no evidence of an error or an injustice.  Title 10 United States Code (USC) § 1405, Years of Service, states “For the purposes of the computation of the years of service of a member of the armed forces under a provision of this title providing for such computation to be made under this section, the years of service of the member are computed by adding (1) his years of active service,” and “Fractional Years of Service.  In determining a member's years of service under subsection (1) each full month of service that is in addition to the number of full years of service creditable to the member shall be credited as  1/12 of a year; and (2) any remaining fractional part of a month shall be disregarded.”  The applicant’s statement of service doesn’t reference any dates earlier than 19 Nov 58.  The dates reflected on the DD Form 214, Certificate of Release or Discharge from Active Duty, of 20 years and 11 days are correct for total active service and the 20 years 3 months and 12 days are accurate for total service for pay.

A complete copy of the DPSOR-RET evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

In further support of his request the applicant submitted a rebuttal to the Air Force evaluations, consisting of a personal statement along with additional and duplicate supporting documentation.  The applicant states he was not provide a DD Form 4 by the recruiter when he entered the DEP.  He has since contacted the Records Center in Springfield, IL, but to no avail.  (Exhibit F)   

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

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 members of the Board considered AFBCMR Docket Number BC-2015-01547 in Executive Session on 19 May 16 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 6 Mar 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2LT, dated 15 Jan 16. 
	Exhibit D.  Memorandum, AFPC/DPSOR-RET, dated 25 Jan 16.
Exhibit E.  Letter, SAF/MRBR, dated 16 Feb 16.
Exhibit F.  Letter, Applicant, dated 26 Feb 16, w/atchs.