RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04733

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

His retirement pay be adjusted to reflect an additional six months of active duty service time.  

APPLICANT’S CONTENTIONS

While he entered active duty on 11 Apr 76, he was commissioned on 17 May 95 [sic] and a fellow retiree told him that he had received six months of service credit for the delay between commissioning and the date he entered active duty.  As such, he believes that his total active duty time for retired pay should be 20 years, 10 months, and 20 days. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force lieutenant colonel (O-5).

On 11 Apr 76, the applicant entered active duty.

On 1 Sep 96, the applicant retired from active duty and was credited with 20 years, 4 months and 20 days of active service for retirement. 

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C and D.

AIR FORCE EVALUATION

AFPC/DP2LT recommends denying the application.  On 17 May 75, the applicant commissioned as a second lieutenant (O-1) in the Reserve of the Air Force, and entered active duty on 11 Apr 76.  From 17 May 75 to 10 Apr 76 (10 months, 25 days), the applicant was assigned to the Inactive Ready Reserve (IRR) awaiting orders to enter active duty.  During this time, he did not accumulate any active duty time.  Since time spent in the IRR is inactive service, there is no credit towards his total active service for retirement.  His current 20 years, 4 months and 20 days of active service is correct.  The complete advisory opinion is at Exhibit C.

AFPC/DP2SSR recommends denying the application.  The time the applicant spent in the IRR does not count as credible time toward total active service for retirement.  The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 9 Jul 20 for comment (Exhibit E), and the applicant replied on 22 Sep 20.  In his response, the applicant provides a letter to the board and an “AFROTC Newsletter,” dated Oct 1975.  The newsletter addresses credit time for promotion eligibility to first lieutenant.  Specifically, it states, “An officer whose entry on active duty is delayed receives credit for the purpose of determining eligibility for promotion to first lieutenant.  After six months delay, you will begin to accrue credit toward the 24-month requirement at the rate of one month for each month of delay to a maximum of six months credit.”    In addition, the applicant provides a Report on Individual Personnel (RIP) dated 29 Aug 85, which shows that he received the credit time towards his promotion to first lieutenant.  The applicant’s complete response is at Exhibit F.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2LT and AFPC/DP2SSR and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2019-04733 in Executive Session on 16 Sep 20 and 10 Dec 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 9 Sep 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2LT, dated 21 Jan 20.
Exhibit D:	Advisory opinion, AFPC/DP2SSR, dated 21 Jan 20.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 9 Jul 20.
Exhibit F:	Applicant’s response, dated 20 Sep 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.