RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-04154

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His records be corrected to reflect his retired pay as $755.00 
per month, effective 30 Mar 97, versus $672.00 per month.


APPLICANT CONTENDS THAT:

There was a mistake in his initial retirement computation and he 
should have received $755.00 a month instead of $672.00 a month.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

According to the applicant’s DD Form 4, Enlistment Record – 
Armed Forces of the United States, on 20 May 59, he enlisted in 
the Air Force Reserve.

According to Reserve Order EK-0057, dated 2 Oct 92, the 
applicant was relieved of his assignment as a member of the Air 
Force Reserve and, on 31 Dec 92, was transferred to the Retired 
Reserve in the grade of Senior Master Sergeant (SMSgt, E-8) to 
await retired pay at age 60.  

According to Reserve Order EK-5764, dated 12 Jul 93, the 
previous Reserve Order EK-0057 relating to the applicant’s 
31 Dec 92 retirement was rescinded and his effective retirement 
date was changed to 12 Mar 93, to await retired pay upon 
attaining age 60 (30 Mar 97).


AIR FORCE EVALUATION:

DFAS-JBJE/CL recommends denial.  The applicant’s retired pay 
entitlement beginning on 30 Mar 97 is correct.  On 14 Jul 14, 
the applicant was provided a Reserve Retired Pay Calculation 
Worksheet indicating his gross monthly pay was $755.00.  Due to 
the applicant’s retirement date of 30 Mar 97, he received a 
retroactive payment in the gross amount of $25.17 for the month 
of Mar 97.  His gross pay was audited and verified to be 
correct.  Since the date of the applicant’s letter and audit 
worksheet, there has been an additional cost of living allowance 
of 1.7 percent, effective 1 Dec 14.  The applicant’s contention 
that he received $672.00 a month instead of $755.00 a month may 
have been due to withholdings from his monthly gross pay.  
Military retired pay is taxable and normally there is an amount 
withheld for Federal taxes which will reduce the gross pay.  The 
worksheet provided to the applicant reflects gross pay prior to 
any federal withholdings, not net pay which is the actual amount 
received.

The complete DFAS evaluation, with attachment, is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 3 Mar 15 for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.


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 in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion the 
applicant has failed to sustain his burden of proof that he has 
been the victim of an error or 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-2014-04154 in Executive Session on 10 Jun 15 under the 
provisions of AFI 36-2603:

	                   , Panel Chair
	                  , Member
	                        , Member

The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-04154 was considered:

	Exhibit A.  DD Form 149, dated 6 Oct 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, DFAS/CL, dated 13 Feb 15, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 3 Mar 15.