RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03203 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His retired pay be adjusted to reflect 24 years of service rather than 22 years. APPLICANT CONTENDS THAT: Prior to his retirement he was told that after 30 years he would be eligible to have his retired pay adjusted based on his pay date rather than his Total Active Federal Military Service Date (TAFMSD). The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 24 Aug 59. On 31 Jul 78, the applicant was furnished an honorable discharge, and was credited with 21 years, 6 months, and 24 days of active service. At the time of retirement, he also had a total of 2 years, 10 months, and 19 days of inactive service. On 10 Jul 14, the applicant requested that the Defense Finance and Accounting Service (DFAS) adjust his retired pay. DFAS directed the applicant to submit an inquiry through the Air Force Personnel Center. 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/DPSOR recommends denial indicating there is no evidence of an error or an injustice. The applicant retired under 10 United States Code (USC) §8914, Twenty to thirty years: enlisted members, which reads “Under regulations to be prescribed by the Secretary of the Air Force, an enlisted member of the Air Force who has at least 20, but less than 30, years of service computed under section 8925 of this title may, upon his request, be retired.” DFAS computes retired pay under the provisions of the DoD FMR, Volume 7B, Military Pay Policy – Retired Pay. Paragraph 010202 of the FMR identifies creditable service as all active service in the Uniformed Services and service as a cadet or midshipman at a Service academy. The applicant’s service for pay is 24 years, 5 months, 13 days, which provides for his active and inactive service. A review of his pay record indicates his retired pay is based on 21 years, 06 months, 24 days, which matches his active service. The applicant’s pay is calculated correctly and there is no evidence of error or injustice. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In response, the applicant reiterates that he doesn’t understand why his DD Form 214, Report of Separation from Active Duty, reflects his total service for pay as 24 years, 5 months, and 13 days, if it wasn’t to be adjusted at some future date (Exhibit E). 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 an error or injustice. We took notice of the applicant’s complete submission, to include his rebuttal to the Air Force advisory, 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 of injustice. Therefore, 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-2014-03203 in Executive Session on 22 Apr 15, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 Aug 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 21 Oct 14. Exhibit D. Letter, SAF/MRBR, dated 11 Feb 15. Exhibit E. Letter, Applicant, dated 18 Feb 15.