RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02279
		INDEX NUMBER:  128.00
	XXXXXXX	COUNSEL:  None

	XXXXXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His retired pay be recomputed to include an additional 2.5% or 52.5% of base pay vice 50%.

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APPLICANT CONTENDS THAT:

He was told when he retired he would receive an additional 2.5% because he was retiring in 1974.

In support of his appeal, applicant provides copies of correspondence he previously sent to the Defense Finance and Accounting Service (DFAS) and his congressman.

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

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STATEMENT OF FACTS:

The applicant retired from the Air Force effective 1 Sep 74 in the grade of master sergeant (E-7) after 20 years, 2 months, and 22 days of service.

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AIR FORCE EVALUATION:

AFPC/DPPRRP recommends denial of the applicant’s request.  The applicant retired with active service of 20 years, 2 months, and 22 days effective 1 Sep 74.  Prior to 1 Jan 82, the Career Compensation Act of 1949 (Title 37, Section 231) required that a fraction of less than one-half of a year be disregarded in calculating retired pay.  Based on the applicant’s length of service, his retired pay was calculated at 2.5% times 20 years resulting in retired pay of 50% of his final basic pay.

The complete evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant 

on 17 Sep 04 for review and comment within 30 days.  To date, a response has not been received.

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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.  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 and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered Docket Number BC-2004-02279 in Executive Session on 2 November 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Jul 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPRRP, dated 10 Sep 04,
                w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Sep 04.