RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01872
		INDEX CODE:  135.02
		COUNSEL:  NONE

	XXX-XX-XXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He receive Reserve retired pay.

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APPLICANT CONTENDS THAT:

His employment with the Justice Department makes him eligible for Reserve retired pay.  

In support of his application, the applicant provides a copy of his VA disability letter.  The applicant’s submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant’s military records reflect that prior to 1 July 1949, he was credited with 4 years, 6 months, and 17 days of satisfactory Federal service.  During the period 1 July 1949 through 30 June 1959, he was credited with 9 years of satisfactory Federal service.  Effective 13 October 1960, he was assigned to the Inactive Status List Reserve Section (ISLRS) for failure to meet participation requirements and on 23 August 1961, he was honorably discharged from the Air Force Reserve in the grade of technical sergeant.  Applicant was credited with 13 years, 6 months, and 17 days of satisfactory Federal service.  

In a letter dated 9 August 1979, applicant was advised that he had completed 16 years, 8 months, and 10 days of honorable Federal service; however, only 13 years, 6 months, 17 days of this time was satisfactory Federal service.  

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AIR FORCE EVALUATION:

ARPC/DPP recommends the application be denied.  DPP states the applicant did not complete 20 years of satisfactory Federal service and is not eligible for Reserve retired pay.  Time spent employed with the Department of Justice or any other agency not affiliated with the military is not creditable service for Reserve retired pay.  The ARPC/DPP evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 6 August 2004, a copy of the Air Force evaluation was sent to the applicant for review and comment.  As of this date, this office has not received a response. 

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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.  After a thorough review of the evidence presented, we are not persuaded that favorable consideration of the applicant’s request is appropriate.  The applicant’s contention that his employment with the Justice Department makes him eligible for Reserve retired pay was noted; however, other than his own assertions, the applicant has provided no evidence, which in our opinion, adequately refutes the Air Force assessment of his case.  In the absence of evidence showing the contrary, we agree with the opinion of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Accordingly, the applicant’s request is not favorably considered.  

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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 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 this application in Executive Session on 14 December 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Jun 04, w/atchs.
    Exhibit B.  Letter, ARPC/DPP, dated 27 Jul 04.
    Exhibit C.  Letter, SAF/MRBR, dated 6 Aug 04.