RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00160
            INDEX CODE:  135
            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive the appropriate credit, to include his time served  in  the
Civil Air Patrol (CAP), to complete 20 years of  satisfactory  Federal
service for retirement pay at age 60.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant's military records, are contained in the letter prepared  by
the appropriate Air Force  office  of  primary  responsibility  (OPR).
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Director of Personnel Program Management, HQ ARPC/DP, reviewed the
application and states that no documentation was found,  nor  did  the
applicant submit any, to indicate he participated  in  the  Civil  Air
Patrol  (CAP)  to  allow  awarding   satisfactory   Federal   service.
Applicant submits Letters of Testimony; however, these letters are not
sufficient to  award  satisfactory  service.   HQ  ARPC/DP  recommends
disapproval to this portion of applicant’s request.

The assignment order, dated 11 February 1982, reassigned the applicant
from NARS-NA (non-affiliated, non-obligated)  to  NARS-NC  (Sanctuary)
effective 22 March 1980.  This order was issued two  years  after  the
effective date, indicating that the applicant was not notified of  the
transfer, or of his being allowed the opportunity  to  participate  to
complete 20 years of satisfactory service and receive retired  pay  at
age 60.  HQ ARPC/DP recommends the  applicant  be  credited  with  the
appropriate points for the retirement year ending (RYE) 21 March  1982
and 21 March 1983, to reach  a  total  of  20  years  of  satisfactory
Federal service.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 22 March 1999 for review and response.  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.  Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice  warranting  partial  relief.
We note that when the applicant was reassigned  to  the  Nonaffiliated
Reserve Section (NARS-NC)  (Sanctuary),  with  an  effective  date  of
22 March 1980, it appears that he was not aware at that time  that  he
was allowed three years to earn two satisfactory years of  service  or
two years to earn one satisfactory year of service to be eligible  for
retired pay at age 60.  In fact, the orders reassigning him  were  not
issued until two years after the effective date  which  indicate  that
the applicant was not notified of the transfer.  Based on  the  above,
we are  in  agreement  with  the  recommendation  of  the  Air  Force.
Therefore, we recommend applicant's records be corrected to the extent
indicated below.

4.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice to applicant’s  remaining
request.  After a thorough  review  of  the  evidence  of  record  and
applicant’s submission, we are not persuaded that he should be awarded
Reserve points for participation in the Civil Air Patrol  (CAP).   His
contentions  are  duly  noted;  however,  we   do   not   find   these
uncorroborated  assertions,  in  and   by   themselves,   sufficiently
persuasive to override the rationale provided by the  Air  Force.   We
note the Letters of Testimony that the applicant  submitted;  however,
he submits no official documentation to indicate he participated while
he was assigned to CAP.  HQ ARPC/DP  also  states  that  there  is  no
documentation in the applicant’s record or the state CAP files to show
he participated.  We therefore agree with the recommendations  of  the
Air Force and adopt the rationale  expressed  as  the  basis  for  our
decision that the applicant has failed to sustain his burden  that  he
has suffered either an error or an injustice.  Therefore, we  find  no
compelling basis to recommend granting the relief to this  portion  of
applicant’s request.

____________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

    a.  The Reserve Order CB-227, dated 8 June 1983, be rescinded.

    b.  He was credited with 35 nonpaid Inactive Duty  Training  (IDT)
points and 15 membership points during the  retirement/retention  year
22 March 1981 to 21 March 1982, resulting in  50  total  points;  and,
that the period  22  March  1981  to  21  March  1982  is  a  year  of
satisfactory Federal service for retirement.

    c.  He was credited with 35 nonpaid IDT points and  15  membership
points during the retirement/retention year 22 March 1982 to 21  March
1983, resulting in 50 total points; and, that the period 22 March 1982
to 21 March 1983  is  a  year  of  satisfactory  Federal  service  for
retirement.

    d.  He applied for, and was transferred  to  the  Retired  Reserve
effective 22 March 1983,  by  reason  of  having  completed  20  years
towards retirement for pay at age 60 under United States  Code,  Title
10, Section 12731.

____________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 27 July 1999, under the  provisions  of  AFI  36-
2603:

                  Mr. Oscar A. Goldfarb, Panel Chair
                  Mr. Patrick R. Wheeler, Member
              Mr. Charlie E. Williams Jr., Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 14 Jan 99, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/DP, dated 5 Mar 99, w/atchs.
   Exhibit D.  Letter, AFBCMR, dated 22 Mar 99.




                                   OSCAR A. GOLDFARB
                                   Panel Chair


INDEX CODE:  135

AFBCMR 99-00160




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 (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to            , be corrected to show that:

            a.  The Reserve Order CB-227, dated 8 June 1983, be, and hereby
is, rescinded.

            b.  He was credited with 35 nonpaid Inactive Duty Training
(IDT) points and 15 membership points during the retirement/retention year
22 March 1981 to 21 March 1982, resulting in 50 total points; and, that the
period 22 March 1981 to 22 March 1982 is a year of satisfactory Federal
service for retirement.

            c.  He was credited with 35 nonpaid IDT points and 15
membership points during the retirement/retention year 22 March 1982 to 21
March 1983, resulting in 50 total points; and, that the period 22 March
1982 to 21 March 1983 is a year of satisfactory Federal service for
retirement.

            d.  He applied for, and was transferred to the Retired Reserve
effective 22 March 1983, by reason of having completed 20 years towards
retirement for pay at age 60 under United States Code, Title 10, Section
12731.








JOE G. LINEBERGER

Director

Air Force Review Boards Agency