RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-01414

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 13, Statement of Service, be corrected to include the period he served from 6 Dec 57 through 31 Aug 63.

APPLICANT CONTENDS THAT:

His Social Security benefits are being paid based upon the DD Form 13 which lists his service earnings from 4 Aug 41 through 5 Dec 57 in the total of $66,066.  However, he continued to serve from 6 Dec 57 until his retirement on 31 Aug 63, with additional earnings of $36,881.  He attempted to resolve this issue through the Defense Finance and Accounting Service (DFAS) but was referred to the AFBCMR for correction of his military record.

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

STATEMENT OF FACTS:

On 7 Aug 41, the applicant initially entered the regular Air Force.

On 31 Aug 63, the applicant retired, was furnished an Honorable discharge, and credited with 22 years, 0 months, and 22 days active service.

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

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denial, indicating there is no evidence of error or injustice.

DP2STM non-concurs with the applicant based upon Title 10 United States Code §1405, Years of Service.

	(a) In General. - 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;
		(2) the years of service, not included in clause (1), with which he was entitled to be credited on May 31, 1958, in computing his basic pay; and
		(3) the years of service, not included in clause (1) or (2), with which he would be entitled to be credited under section 12733 of this title if he were entitled to retired pay under section 12731 of this title.

	(b) Fractional Years of Service. - In determining a member's years of service under subsection (a) - 
		(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.

	(c) Exclusion of Time Required To Be Made Up or Excluded. - 
		(1) Time required to be made up by an enlisted member of the Army or Air Force under section 972(a) of this title, or required to be made up by an enlisted member of the Navy, Marine Corps, or Coast Guard under that section with respect to a period of time after October 5, 1994, may not be counted in determining years of service under subsection (a).
        (2) Section 972(b) of this title excludes from computation of an officer's years of service for purposes of this section any time identified with respect to that officer under that section.

The applicant’s DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, reflects his retirement date of 31 Aug 63, crediting 22 years, 0 months, and 24 days of service.  However, his DD Form 13, Statement of Service, reflects his last change in service was 5 Dec 57 and not his retirement date, which is why the applicant may believe he was not credited or paid past that date.

After confirmation from the AFPC Service Dates department, it was determined the applicant received credit for the period in question, 6 Dec 57 through 31 Aug 63.  Additionally, DP2STM reviewed the applicant’s Defense Finance and Accounting Services records and confirmed they reflect the correct service percentage multiplier for the active duty time served.

A complete copy of the AFPC/DP2STM 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 8 Jun 17 for review and comment within 30 days (Exhibit D).  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.  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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  While the applicant’s DD Form 13 does not capture the entirety of his career, this document in combination with the applicant’s DD 214, Armed Forces of the United States Report of Transfer or Discharge, provides evidence of his service through his retirement date of 31 Aug 63, for a total of 22 years, 0 months, and 24 days and should be used as employment verification for Social Security benefits.  Therefore, we recommend the applicant present these two documents to the Social Security Administration to resolve his payment issue.  While we sympathize with the applicant’s current situation, 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-2016-01414 in Executive Session on 7 Nov 17 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01414 was considered:

	Exhibit A.  DD Form 149, undated, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2STM, dated 19 Jan 17.
	Exhibit D.  Letter, AFBCMR, dated 8 Jun 17, w/atch.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations regarding AFBCMR Docket Number BC-2016-01414, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.