RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  01-02452
				INDEX CODE 135.02
	 			COUNSEL:  None

				HEARING DESIRED: Yes (Wife)

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded sufficient points to make his retention/retirement (R/R) years ending 30 Jun 51, 52, and 53 satisfactory years of service so he will have 20 years of satisfactory service for retired pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was a member of the Air Force Reserves (USAFR) assigned to the Alaskan Air Command (AAC) from 13 Nov 50 to 20 Jun 53. He performed no Reserve service during this period because there were no Reserve Training Programs available in the AAC. He worked as a certified Civil Aeronautics Authority (CAA) flight engineer for Northern Consolidated Airlines, a privately owned company that contracted with the services to deliver freight, supplies, food and mail as well as civilian/military personnel to military sites throughout Alaska. As a CAA flight engineer, he was performing duties equivalent in nature and scope to what the USAF B-29 flight engineers were doing. AFR 45-7 failed to address the situation when no USAFR training programs were available and that is unjust. 

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

_________________________________________________________________

STATEMENT OF FACTS:

On 7 Mar 66, the applicant was found physically disqualified for active duty and was assigned to the Retired Reserve effective 1 Apr 66.  He has 17 years, 6 months and 9 days of satisfactory federal service creditable towards retired pay eligibility.
 
The remaining relevant facts pertaining to this application, extracted from the applicant's military records (Exhibit B), are contained in the official documents provided in his submission (Exhibit A) and in the letter prepared by the appropriate office of the Air Force (Exhibit C). 
_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPP explains what constitutes satisfactory federal service, past and present. They note the applicant was part of the Non-Affiliated Reserve Section (NARS) from Sep 50-Mar 54 and was therefore in a non-participating status. However, during this period the applicant could have earned points toward retirement by completing Extension Course Institute (ECI) courses.  There is no provision of law that allows a member to be credited with Reserve points and service for work performed with a civilian company. Even though the applicant may have been performing duties similar to a military flight engineer, he was not performing authorized military duty with the USAFR. ARPC/DP could not find a copy of AFR 45-7 cited by the applicant; however, AFR 35-41 was the regulation that covered Reserve participation and satisfactory service during the early 1950s. The AF 190 referred to by the applicant was used to list all of the points a member earned during an R/R year. Normally, points were verified and signed at the end of each R/R year; however, for members in NARS it was not unusual to let the card go until the member went back to an active participating status.  Denial is recommended.

A complete copy of the evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 4 Jan 02 for review and comment within 30 days.  In a letter dated 12 Jan 02, the applicant's wife requested an extension of time in which to respond.  On 14 Jan 02, the AFBCMR Staff advised the applicant that statutory mandate precluded granting extensions, but that he could temporarily withdraw his case until he was ready to proceed.  In a letter dated 18 Jan 02, the applicant explained that ECI courses or any other participating activities were not available to him.  He also enclosed a copy of AFR 45-7, dated 31 Dec 48.  

A copy of his response, with attachment, is at Exhibit G.

Then in a letter dated 30 Jan 02, the applicant requested that his case be temporarily withdrawn.  The AFBCMR Staff advised him that his case had been administratively closed on 15 Feb 02 in accordance with his request.

On 12 and 14 Mar 02, the applicant's Congressional representative and senator, respectively, forwarded additional documents apparently supplied by the applicant and his wife. Included is a copy of a letter from the Chief of History, Pacific Air Forces.  The Chief asserts that in 1951 the AAC discontinued its mobilization assignment program for Air Reserve personnel in Alaska based on the limited number of Reservists there. The Chief contends the applicant was unable to participate due to program nonavailablity.

The Congressional submittals, with attachments, are at Exhibit J.

The applicant then submitted a DD Form 149, dated 22 Apr 02, with an additional statement and attachments, some of which were already forwarded by his representative.

The applicant’s second DD Form 149 is at Exhibit K.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded that the applicant should be awarded sufficient points to give him three additional satisfactory years of service for retired pay. The applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  We do not dispute the fact that in 1951 AAC apparently discontinued its mobilization assignment program for Air Force personnel in Alaska due to the limited number of Reservists in that area. However, the applicant’s submission has not established that the Air Force is somehow responsible for where he chose to live and work and should therefore be held culpable for his not earning sufficient points for three good years.  The evidence he submits does not compel us to award him credit for time he did not serve. We therefore adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice. In view of the above, we conclude that this appeal should be denied. 

4.	The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 this application in Executive Session on 7 May 2002 under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence pertaining to AFBCMR Docket No. 01-02452 was considered:

	Exhibit A.  DD Form 149, dated 22 Aug 01, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, HQ ARPC/DPP, dated 26 Dec 01, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 4 Jan 02.
	Exhibit E.  Letters, Applicant's Wife, dated 11 & 12 Jan 02.
	Exhibit F.  Letter, AFBCMR, dated 14 Jan 02.
	Exhibit G.  Letter, Applicant, dated 18 Jan 02, w/atch.
	Exhibit H.  Letter, Applicant, dated 30 Jan 02.
	Exhibit I.  Letter, AFBCMR, dated 15 Feb 02.
	Exhibit J.  Letters, Congressionals, dated 12 & 14 Mar 02,
					    w/atchs.
	Exhibit K.  DD Form 149, dated 22 Apr 02, w/atchs.