RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-00898
            INDEX CODE:  136.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

He be entitled to retirement benefits and pay he earned from 1945 to 1965.

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APPLICANT CONTENDS THAT:

His years of service are not accounted for properly.  The number  of  points
earned from the Marine Corps and the Air Force are not correct.

In support of his appeal, the applicant provided a personal  statement,  Air
Reserve Forces Retirement Credit Summary, and other documentation.

Applicant’s complete submission is attached at Exhibit A.

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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 office of the Air Force (Exhibit C).  Accordingly, there  is  no
need to recite these facts in this Record of Proceedings.

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AIR FORCE EVALUATION:

The Director  of  Personnel  Program  Management,  ARPC/DPP,  reviewed  this
application and states that to establish  eligibility  for  Reserve  retired
pay under the provisions of Title 10, United States Code  (U.S.C.),  Section
12731, a member must complete 20  years  of  satisfactory  Federal  service,
with the last 8 years of qualifying  service  in  a  Reserve  component.   A
review of the applicant’s record indicates he completed  20  years,  and  14
days of Honorable Federal service as of 9 December 1965,  the  date  of  his
discharge from the United States Air Force Reserve (USAFR).   However,  only
18 years, 7 months, and 5 days of this time is satisfactory Federal  service
creditable toward retired pay eligibility.  Honorable service is  the  total
years of service including  active,  inactive,  regular,  and  reserve.   It
includes satisfactory years as well as years during  which  the  member  did
not participate sufficiently to earn satisfactory years.

Prior to 1 July 1949, all Federal service is creditable  toward  retirement,
and for this period the applicant completed 3 years, 7 months, and  5  days.
Subsequent to 1 July 1949, a member must earn a minimum of 50 points  to  be
credited with satisfactory years of service.  Each Reservist  in  an  active
status is granted 15 membership points but must  earn  at  least  35  points
through active  duty,  unit  participation  or  Extension  Course  Institute
courses to satisfactorily complete a creditable year toward  retirement  for
pay.  From 1 July 1949 to 9 December 1965, the applicant completed 15  years
of satisfactory service.  The applicant’s record indicates he served in  the
United States Marine Corps (USMC) from 8 October 1945  to  7  October  1948,
the United States Marine Corps Reserve (USMCR) from 26 November  1948  to  9
December 1962, and the USAFR from 10 December 1962 to 9 December  1965.   He
was discharged from the USAFR on 9 December 1965.

In 1976, the applicant requested a review of his  record.   The  applicant’s
record was audited and his service verified.  The applicant was notified  by
letter, dated 24 August 1976, he had completed 18  years,  7  months  and  5
days  of  satisfactory  Federal  service  and  he  needed  to  complete   an
additional 1 year, 4 months and 25 days to be eligible for  Reserve  retired
pay.  The letter  recommended  he  contact  the  nearest  Reserve  Personnel
Office for information on enlisting in the USAFR in order  to  complete  the
required service.

The applicant did not complete 20 years of satisfactory service as  required
by Title 10, U.S.C., Section  12731,  therefore,  he  is  not  eligible  for
Reserve retired pay at age 60.  In  addition,  the  applicant  was  properly
credited with all of his military service and he was  informed  he  was  not
eligible in 1976.  Therefore,  they  recommend  denial  of  the  applicant’s
request.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states that  during  his
time in the service he became ill for approximately one year, but was  still
active duty.  His wife also became ill and he missed  approximately  4  more
months.  He believes that he should have  continued  to  receive  retirement
points during Retirement/Retention (R/R) and  or  downtime  while  ill.   He
requests his medical records and leave time not used be opened  for  review.
He states that points were not recorded and  he  would  like  the  Board  to
compare his R/R time with his retirement points.

The applicant’s complete response, with attachment, is attached  at  Exhibit
E.

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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 probable error or injustice warranting retirement benefits  and
pay.  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 and adopt their rationale as the basis for  our  conclusion
that the applicant has not been the victim of an error  or  injustice.   The
applicant did not complete 20 years of satisfactory service as  required  by
Title 10, U.S.C., Section 12731, therefore he is not  eligible  for  Reserve
retired pay.  The documentation provided does not establish that he was  not
properly  credited  with  all  of  his  military  service.   In   1976   the
applicant’s record was audited and  his  service  verified  as  18 years,  7
months and 5 days of satisfactory Federal service.  He was notified that  he
needed 1 year, 4 months and 25 days to be eligible for Reserve retired  pay;
however, we find no evidence that he  attempted  to  complete  the  required
service.  Therefore, in the absence of evidence to the contrary, we find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied without a personal appearance;  and  that  the  application  will
only be reconsidered  upon  the  submission  of  newly  discovered  relevant
evidence not considered with this application.

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The following members of the Board considered this application in  Executive
Session on 26 June 2001, under the provisions of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Laurence M. Groner, Member
                  Mr. Clarence D. Long, III, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 22 March 2001, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPP, dated 8 May 2001, w/atchs.
   Exhibit D.  Letter, SAF/MIBR, dated 18 May 2001.
   Exhibit E.  Letter, Applicant, dated 1 June 2001, w/atchs.




                                RICHARD A. PETERSON
                                Panel Chair