RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-01977
INDEX CODE: 135.00
APPLICANT COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His active duty retired pay be adjusted due to Reserve service he performed
and a Reserve promotion he received after his retirement from the Regular
Air Force.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was told by his Reserve organization that he would be credited with his
Reserve service when he reached age 60.
In support of his request applicant submitted a personal statement (Exhibit
A).
___________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 6 Aug 1958. He was
progressively promoted to the grade of technical sergeant and served on
active duty until 31 Jan 1979, when he was relieved from active duty and
retired under the provisions of Title 10, United States Code (USC), Section
8914, effective 1 Feb 1979. He was credited with 20 years, 5 months and 25
days of active service for retirement. He was transferred to the Retired
Reserve until 6 Aug 1988.
On 22 Feb 1979, orders were published announcing the applicant’s relief
from the Retired Reserve Section and assignment to an active Reserve
position, effective 15 Feb 1979. He was promoted to the grade of master
sergeant effective 5 Nov 1979 and continued to serve until his discharge on
30 Jan 1985. Available records indicate he earned satisfactory years of
Federal service for the Retirement Years Ending (RYEs) 1980, 1981, 1982 and
1983.
___________________________________________________________________
AIR FORCE EVALUATION:
The Personnel Programs Branch, ARPC/DPP, indicated the only provision of
the law that authorizes retired pay to be recomputed due to service after
retirement is Title 10 USC, Section 1401, (a), which states, “ A member of
an armed force who first became a member of a uniformed service before
September 8, 1980, and who has become entitled to retired pay or retainer
pay, and who thereafter serves on active duty (other than for training), is
entitled to recompute his retired pay or retainer pay upon his release from
that duty.”
DPP states that since all of the applicant’s active duty service with the
Reserve was active duty for training, his retired pay cannot be recomputed
due to his active duty service. In addition, there are no provisions of
law that allow the applicant’s retired pay to be changed due to later
Reserve service or for the retired pay grade to be changed due to a later
Reserve promotion as a member of the Air Force Reserve. Therefore, DPP
recommends the applicant’s request be denied (Exhibit C).
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and indicated that he feels
all duty he performed for the Air Force Reserve was nothing more than a
continuation of active duty service not withstanding what the early capture
off the retired list showed. Title 10 USC section 1042 was passed long
after his service with the Reserve and it was an injustice pure and simple
that he did not receive any information on this years ago (Exhibit E).
___________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After a thorough review of the
evidence of record and the applicant’s submission, we are not persuaded
that the applicant’s creditable service and grade for the purpose of
computation of his active duty retired pay is erroneous or inequitable. We
are constrained to note that different laws govern retired pay based on
active duty and Reserve service. We have noted the applicant’s contention
that he was advised he would be credited with his Reserve service and his
retired pay would be adjusted when he reached age 60. However, the
applicant has provided no evidence to corroborate his assertions of
miscounseling. In the absence of such evidence, information showing that
the computation of his retired pay is contrary to the governing laws and
regulations or that he was treated differently from similarly situated
members, we agree with the opinion of the Air Force office of primary
responsibility and adopt their rationale as the basis for our conclusion
that the applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
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.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 6 November 2001, under the provisions of AFI 36-2603:
Ms. Peggy E. Gordon, Panel Chair
Mrs. Carolyn J. Watkins, Member
Mr. John B. Hennessey, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Jun 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated 13 Sep 01.
Exhibit D. Letter, SAF/MIBR, dated 28 Sep 01.
Exhibit E. Applicant’s Response dated 27 Oct 01, w/atchs.
PEGGY E. GORDON
Panel Chair
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