RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04313 (DECEASED) COUNSEL: NONE APPLICANT: HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His deceased father’s military retired pay record be corrected to add 36 days of U.S. Army Reserve service and his mother receive all back pay and benefits resulting from the corrected military retired pay records. ________________________________________________________________ APPLICANT CONTENDS THAT: His father originally enlisted in the U.S. Army Infantry Enlisted Recruit Corps (INF-ERC) on 5 July 1950 and received an honorable discharge on 10 August 1950. He enlisted in the U.S. Air Force on 11 August 1950. His Air Force retirement order does not reflect the period of his Army enlistment. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Information submitted by the applicant reflects the decedent retired from the Regular Air Force effective 11 July 1973 in the grade of Senior Master Sergeant, E-8, and died on 1 September 2002. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIPV states in accordance with Title 10 U.S.C. 1405, Years of Service, enlisted members did not receive credit for their inactive reserve service for retirement pay until 5 October 1994. If the time were creditable, the decedent would have been credited with membership points for his service and would have been credited with 1 day of active duty. The complete DPSIPV evaluation is at Exhibit C. DFAS-CL states at retirement, the decedent was credited with 22 years, 11 months and 20 days of service. Adding 36 Reserve days to his service for BP (basic pay) would give him 23 years and 26 days for BP. Since he was already credited with over 22 years, there would be no change for retired pay. The 36 Reserve days would have equaled 1 day of active duty and would not change the percentage of his retirement pay. The complete DFAS-CL evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force advisories were mailed to the applicant on 22 April 2013 for review and comment within 30 days (Exhibit E). To date, a response has not been received. ________________________________________________________________ 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. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice After a review of the evidence of record and the applicant’s complete submission we believe that relief is warranted. The Board notes that the Air Force office of primary responsibility and the Defense Finance and Accounting Service state that based on the applicant’s submission; it appears the decedent did serve 36 days in the Army Reserves prior to his enlistment in the Air Force. Based on this evidence, we believe a change in his record is warranted. However, since this correction does not change his retired pay percentage, the applicant’s request for back pay and benefits is not possible. Therefore, we recommend his records be corrected as indicated below. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to reflect that the DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued in conjunction with his 31 July 1973, retirement, be amended in Item 30, Remarks, to reflect 36 days of inactive Reserve service from 5 July 1950 through 10 August 1950. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 18 June 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-04313 was considered: Exhibit A. DD Form 149, dated 12 Sep 12, w/atchs. Exhibit C. Letter, AFPC/DPSIPV, dated 16 Nov 12, w/atchs. Exhibit D. Message, DFAS-CL, dated 22 Mar 13. Exhibit E. Letter, SAF/MRBR, dated 22 Apr 13. Panel Chair AFBCMR 1500 West Perimeter Road, Suite 3700 Joint Base Andrews NAF Washington, MD 20762 Dear: Reference your application submitted under the provisions of AFI 36-2603 (Section 1552, 10 USC), AFBCMR Docket Number BC-2012-04313. After careful consideration of your application and military records, the Board determined the decedent’s military records should be corrected to show 36 days of inactive Reserve service from 5 July 1950 through 10 August 1950. The office responsible for making the correction will inform you when his records have been changed. After correction, the records will be reviewed to determine if you are entitled to any monetary benefits as a result of the correction of records. This determination is made by the Defense Finance and Accounting Service (DFAS-IN), Indianapolis, Indiana, and involves the assembly and careful checking of finance records. It may also be necessary for the DFAS-IN to communicate directly with you to obtain additional information to ensure the proper settlement of your claim. Because of the number and complexity of claims workload, you should expect some delay. We assure you, however, that every effort will be made to conclude this matter at the earliest practical date. Notwithstanding the above decision, the Board determined the evidence you presented did not demonstrate the existence of material error or injustice to warrant favorable consideration of the remainder of your requests. Accordingly, the Board denied these portions of your application. BY DIRECTION OF THE PANEL CHAIR Chief Examiner Air Force Board for Correction of Military Records Attachments: 1. Record of Board Proceedings 2. Directive cc: DFAS-IN AFBCMR BC-2012-04313 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code it is directed that: The pertinent military records of the Department of the Air Force relating to , be corrected to reflect that the DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued in conjunction with his 31 July 1973, retirement, be and hereby is, amended in Item 30, Remarks, to reflect 36 days of inactive Reserve service from 5 July 1950 through 10 August 1950.. Director Air Force Review Boards Agency 4 DEPARTMENT OF THE AIR FORCE WASHINGTON, DC Office of the Assistant Secretary