RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01033 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His retired pay on his DD Form 214, Report of Separation from Active Duty, be recomputed to account for service over 30 years. APPLICANT CONTENDS THAT: His retirement pay, from 1 Jan 07 forward, should be recomputed because the FY 2007 National Defense Act 109-364 lifted the 75% retired pay cap for service over 30 years. He served 10 months and 7 days over 30 years. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 1 Aug 75 applicant was furnished an honorable discharge, and was credited with 29 years, 11 months, and 29 days of active service. 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: DFAS/JFBEB recommends denial indicating there is no evidence of an error or an injustice. The applicant is being paid correctly. Public Law 109-394 was effective on 17 Oct 06 with the new calculation for service over 30 years applicable for members who retired after 31 Dec 06. The applicant retired effective on 1 Aug 75 and does not qualify under the law. Additionally, he does not have over 30 years of service. A complete copy of the DFAS/JFBEB evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant provided additional documents from his military career prior to retiring in 1975. He asks again if he is being paid correctly (Exhibit E). THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 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 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-2015-01033 in Executive Session on 5 Jan 16 under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 Mar 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, DFAS/JFBEB, dated 4 Nov 15. Exhibit D. Letter, SAF/MRBR, dated 12 Nov 15. Exhibit E. Letter, Applicant, dated 29 Nov 15, w/atchs.