RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03547

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

1.  His DD Form 214, Certificate of Release or Discharge from Active Duty be corrected to reflect 8 years rather than 10 years Foreign Service time (Administratively corrected to reflect 9 years, 1 months and 25 days).  

2.   His retirement pay be computed at 60 percent rather than 57 and one-half percent.   

3.   He be paid back pay and allowances from 1 Sep 80 to present, to include Cost of Living Allowances (COLA) increases.   

APPLICANT CONTENDS THAT:

His Foreign Service time should reflect 8 years rather than 10 years.

His retirement pay was set at 57 and one-half percent; however, the correct percent should be 60 percent.

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

STATEMENT OF FACTS:

According to DD Form 13, Statement of Service, on 6 Nov 56, the applicant initially entered the Regular Air Force.  On 24 Oct 60, he was released from active duty and transferred to the Air Force Reserve (USAFR) effective 25 Oct 60.  On 5 Mar 61, he was honorably discharged from the USAFR after a period of 4 months and 11 days.  On 6 Mar 61, the applicant enlisted in the Regular Air Force (RegAF) with subsequent enlistments on 6 Mar 65, 6 Mar 69, and 6 Mar 73, and 4 Mar 77.  

According to special order AC-001735, dated 1 Feb 80, effective 31 Aug 80, the applicant was relieved from active duty and retired effective 1 Sep 80, in the grade of master sergeant.  He was credited with 23 years, 6 months and 14 days of active service for retirement.  On 9 May 80, special order AC-001735, dated 1 Feb 80 was rescinded.

According to special order AC-8037, dated 9 May 80, the applicant’s active service for retirement was changed to reflect 23 years, 5 months and 14 days.  

On 21 Dec 15, AFPC/DPAPP notified the applicant that after a complete review of his official military record and the documentation provided, they were able to verify and confirm boots on ground Foreign Service time in the Republic of Korea, from 26 Sep 59 to 21 Oct 60, for 1 year and 26 days; Wheelus Air Base, Libya, from 16 Apr 63 to 15 Dec 66, for 3 years and 8 months; Phan Rang Air Base, Republic of Vietnam, from 5 Dec 67 to 4 Dec 68, for 1 year; Bitburg Air Base Germany, from 1 Feb 75 to 29 Jun 78, for 3 years, 4 months and 29 days, for a combined total Foreign Service of 9 years, 1 month and 25 days.  

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPRs), which are attached at Exhibits C and D.    

AIR FORCE EVALUATION:

DFAS-JFBEB/CL makes no recommendation.  The applicant’s military retirement pay account is correct as established.  His retirement is based on 23 years, 5 months and 14 days of total active service as reflected on his DD Form 214 [sic].  

A complete copy of the DFAS-JFBEB/CL evaluation is at Exhibit C.

AFPC/DP2LT recommends denial of the applicant’s request to correct the percentage of retirement pay as noted by DFAS.  A review of the applicant’s records revealed his DD Form 214, dated 31 Aug 80 overlaps with his previously issued DD Forms 214.    

Although there were errors on the applicant’s DD Form 214, he had accumulated 23 years, 5 months and 14 days of active duty service when he was discharged on 31 Aug 80, for the purpose of retirement effective 1 Sep 80.  

A complete copy of the AFPC/DP2LT evaluation, with attachments, is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 28 Sep 16, for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

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 an error or injustice.  After a thorough review of the applicant’s contentions, we are not persuaded that he has been the victim of an error or injustice.  We note the applicant contends his retirement pay was set at 57 and one-half percent; however, as noted by DP2LT while there were errors on the applicant’s 31 Aug 80 DD Form 214, he had accumulated 23 years, 5 months and 14 days of active duty service when he was discharged on 31 Aug 80.  Therefore, other than the aforementioned administrative action, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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-2015-03547 in Executive Session on 10 Nov 16, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03547 was considered:

	Exhibit A.  DD Form 149, dated 12 Aug 15, w/atchs.
	Exhibit B.  Pertinent Excerpts from Master Personnel Records.

Exhibit C.  Memorandum, DFAS-JFBEB/CL, dated 6 Sep 16, 
  w/atchs.
	Exhibit D.  Memorandum, AFPC/DP2LT, dated 20 Sep 16, w/atchs.
Exhibit E.  Letter, SAF/MRBR, dated 28 Sep 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.