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AF | BCMR | CY1998 | 9703095
Original file (9703095.pdf) Auto-classification: Denied
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* 

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IN THE MATTER OF: 

I 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

DOCKET NO: 97-03095 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

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3

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-_-_-  - 

Applicant's submission is at Exhibit A. 

Applicant requests that he receive retroactive retired pay based 
on the  over 22 year pay  scale  for the period  16 December  1963 
through 6 June 1989, 
The  appropriate Defense Finance  and Accounting  Service and Air 
Force offices evaluated applicant's request and provided advisory 
opinions  to  the  Board  recommending  the  application  be  denied 
The  advisory  opinions  were  forwarded  to  the 
(Exhibit  C). 
applicant for review and response  (Exhibit D). As of this date, 
no response has been received by this office. 
The  application  was  not  timely  filed;  however,  it  is  in  the 
interest of justice to excuse the failure to timely file. 
After  careful  consideration  of  applicant's  request  and  the 
available evidence of  record, we  find  insufficient evidence of 
error or injustice to warrant  corrective action.  The facts and 
opinions stated in the advisory opinions appear to be  based  on 
the evidence of record and have not been rebutted by applicant. 
Absent persuasive evidence applicant was denied  rights to which 
entitled,  appropriate  regulations  were  not  followed,  or 
appropriate  standards  were  not  applied,  we  find  no  basis  to 
disturb the existing record. 
Accordingly, applicant's request is denied. 
The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be  reconsidered upon the presentation of new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 
Members  of  the  Board  Ms,  Charlene  M.  Bradley,  Mr.  Terry  A. 
Yonkers, and Ms. Peggy E, Gordon, considered this application on 
16 December 1998, in accordance with the provisions of Air Force 
Instruction 36-2603, and the governing statute, 10, U.S.C. 1552. 

I 

CHARLENE M. BRADLEY 
Panel Chair 

Exhibits : 
A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinions 
D.  AFBCMR Ltr Forwarding Advisory Opinions 

i 

DEFENSE FINANCE AND ACCOUNTING SERVICE 

CLEVELAND CENTER 

PO Box 99191 

CLEVELAND, OH  44199-1 126 

(DFAS-CL/FRAB) 

April 3,1998 

MEMORANDUM FOR AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 
FROM:  DEFENSE FINANCE AND ACCOUNTING SERVICE - CLEVELAND CENTER, 

RETIRED PAY OPERATIONS 
PO BOX  998004 
CLEVELAND OH 44199 

1. Requested Action: 
pay from his 
1989. 

requests retroactive retired 
December 1963 through 6 June 

2.  Basis for Request: The basis for this request is LtCol 
-belief 
that he was incorrectly paid since he was placed 
on the retired list in 1963 based on the over 20 year pay scale 
vice the over 22 year pay scale as he believes is correct. 

that a period of enlisted 
3.  Background:  LtCol -believes 
reserve service from January 31, 1942 through September 2,  1942 
was not included in his service for basic pay. His retired pay 
account was erroneously adjusted to reflect this additional 
credit, retroactive to June 7,  1989.  At this time we will not 
act to correct unlesduntil advised that LtCol 
entitled to the additional credit. 

is not 

4.  Recommendation:  If it can be determined that LtCol 
is 
entitled to credit for the additional service, his account will 
be fully adjusted. 

Technical Branch 
Retired Pay Operations 

DEPARTMENT O F  THE A I R   FORCE 

’ 

HEADQUARTERS AIR  FORCE  P E R S O N N E L  C E N T E R  

R A N D O L P H  AIR  FORCE B A S E  TEXAS 

AUG  1 1  1998 

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPCLDPPRR 

550 C Street West Ste 11 
Randolph AFB TX 78150-4714 

cords @D  Form 149) 

1.  REQUESTED ACTION:  Applicant requests retroactive retired pay fiom his retirement 
date of 27 Dec 1963 through 6 Jun 1989. 

2.  BASIS FOR REQUEST:  Applicant believes that he was incorrectly paid since he was 
placed on the retired list in 1963 based on the over 20 year pay scale vice the over 22 year 
pay scale he believes is correct.  Applicant also believes that he held military status during 
the period 31 Jan 1942 through 2 Sep 1942. 

3.  BACKGROUND:  Applicant entered military status on 4 Sep 194 1 as an Aviation Cadet 
and was discharged on 3 1 Jan 1942 for Flying deficiency.  He again entered military status 
on 19 Oct 1942 as a Second Lieutenant and served continuously until his retirement for 
medical disability on 27 Dec 1963. 

4.  DISCUSSION:  A complete audit of applicant’s master personnel records indicates his 
Active Service for Retirement of 21 years, 6 months, and 28 days and Service for Basic Pay 
of 21 years, 7 months, and 5 days are correct.  Additionally, please see applicant’s retirement 
order (attached) that also reflects 21 years, 7 months, 5 days for 10 USC 1405 service and 22 
years, 2 months, 1 day for 10 USC 8888/8927 service.  Applicant had no military status 
during the period 1 Feb 1942 through 18 Oct 1942.  Applicant’s retirement order and 
statement of service (attached) are correct as they appear. 

5.  RECOMMENDATION:  We  cannot fmd evidence that applicant served in any United 
States military service for the period 3 1 Jan 1942 through 2 Sep 1942.  Recommend his 
retirement order remain as stated. 

WILLIAM GILBERT, GS-6 
Retirements & Separations Ops Sec 
Directorate of Pers Program Mgmt 

Attachments: 
1.  DAF SQ AC-2536,5 Dec 1963 
2.  DD Form 13,24 Jul  1961 



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