RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2016-01870

							COUNSEL: 

							HEARING: NO

APPLICANT REQUESTS THAT:

His retirement pay be corrected to reflect additional reserve service creditable for retirement at age 60.

APPLICANT CONTENDS THAT:

His retirement order, Special Order AC-002401, reflects cumulative active duty (AD) time of        16 years, 2 months, and 29 days, which includes 4 years of AD enlisted time and 12 plus of AD officer time.

His NGB Form 22, Report of Separation and Record of Service, for the period 13 Dec 80 thru      30 May 84, reflects 8 years and 6 months of satisfactory service creditable for retirement at 60,     4 years of which is AD enlisted time and 4 years and 6 months of Air National Guard (ANG) time.

The 4 years and 6 months of his National Guard time should be considered for his retirement.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force captain.  

Calculation for Service Creditable under Sec 1405, dated 11 Sep 95, confirms 1 month and 29 days of active credit for the period 24 Jun 71 – 30 May 84.

Retirement order AC-002401, reflects 21 years, 6 months, and 18 days of Service for Basic Pay.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application.  

AF Form 1613, Statement of Service, dated 10 Jan 85, reflects the following periods of service:

a.  3 Sep 71 – 2 Sep 75, AD = 4 years AD time.

b.  3 Sep 75 – 12 Dec 83, ANG = 1 month and 29 days active duty time.

c.  31 May 84 – 30 Jun 96, active duty = 12 years and 1 month.

According to guidance, the years of service of the member are computed by adding his years of active service.  All of the applicant’s service dates have been verified with AFPC’s service dates department, and the retirement pay was accurately calculated as 16 years, 2 months, and 29 days of active service.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 13 Dec 16 for comment (Exhibit D), and the applicant replied on 9 Jan 17.  The applicant provided additional support and contended the following periods should be included in calculations for retirement creditable military service totaling 20 years and 8 months:

	a.  AD enlisted, Sep 71 – Sep 75, 4 years.

	b.  AD officer, May 84 – Jul 96, 12 years, 2 months.

	c.  Army National Guard, Aug 76 – Feb 78.

	d.  Air National Guard, Dec 80 – May 84.

The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES:

1.  The application was not timely filed; however, it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2STM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS:  

The applicant be informed that the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:  

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5., considered Docket Number BC-2016-01870 in Executive Session on 5 Jun 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:  Application, DD Form 149, w/atchs, dated 1 May 16.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, AFPC/DP2STM, dated 7 Dec 16.
Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 13 Dec 16.
Exhibit E:  Applicant’s response, dated 9 Jan 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.