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IN THE MATTER OF:
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AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NO: 97-03095
COUNSEL: NONE
HEARING DESIRED: NO
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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
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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
A copy of the Record of Proceedings is attached at Exhibit C. The appropriate Defense Finance and Accounting Service off ice evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit D). The advisory opinion was forwarded to the applicant for review and response (Exhibit E). requested .
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