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AF | BCMR | CY2002 | 0103522
Original file (0103522.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-03522


            COUNSEL:  NONE


            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be credited with 10 months of active duty.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214 (Armed Forces of the United States Report of  Transfer
or Discharge) reflects that he accrued 10 months of active duty  which
was not reflected on his NGB Form 22.  He states that this appears  to
leave him with enough time for retirement.  If the error is rectified,
he should be granted retroactive benefits back to age 60  and  forward
until his death.

Applicant states that during the intervening years he sought to obtain
congressional help in clarifying the data but  was  unaware  that  the
information was omitted on the NGB Form 22.

In support of the applicant’s appeal, he provided a  copy  of  his  DD
Form 214 and NGB Form 22.

His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

ARPC Form 168, Computation for AF  Form  526,  dated  23 January 2002,
reflects that the applicant served in the U.S.  Navy  Reserve  from  4
August 1953 to 30 September 1965.  He was in civilian  status  from  1
October 1965 to 25 June 1976.  He served in  the  Air  National  Guard
from 26 June 1976 until his discharge on 26 July 1985 due  to  medical
disqualification.  He was transferred to the Honorary Retired  Reserve
on 26 July 1985.  The applicant completed  a  total  of  19  years,  1
month, and 27 days of satisfactory Federal service.

_________________________________________________________________



AIR FORCE EVALUATION:

HQ ARPC/DPP recommended  denial.   They  state  that  the  applicant’s
records reveal that he was, in fact, properly credited with all of his
service.   They  indicate  that  in  order  for  him  to  qualify  for
retirement benefits, he must complete 20 years of satisfactory federal
service, with the last eight years in a reserve component, as required
by US Code, Title 10, Section 12731.   They  further  state  that  the
applicant does meet the age requirement; however, he does not meet the
service requirements to receive retired pay.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 March 2002, the  applicant  submitted  additional  documents  to
further substantiate his claim.  He provided a transcript  to  reflect
his attendance at the University of North Carolina (Chapel Hill)  from
September 1967 until 28 August 1968,  as  a  recipient  of  a  Federal
traineeship and a Report of Individual Personnel (RIP), dated  3  July
1985, just prior to his discharge from the Air National Guard.

Applicant’s complete response is at Exhibit E.

_________________________________________________________________

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 error or injustice.  After a thorough review  of  the
evidence of record and applicant's submission, we  are  not  persuaded
that his assertions, in and by themselves, are sufficiently persuasive
to override the rationale provided by the Air  Force.   Based  on  the
evidence of record and that  verified  by  HQ  Air  Reserve  Personnel
Center (HQ ARPC), the applicant was properly credited for all  of  the
service which he performed during his career, including the credit  of
304 points (which equates to 10 months) of active duty he received for
Retirement Year Ending (RYE) 3 August 1962.  Therefore, we agree  with
the opinion and recommendation of the  Air  Force  office  of  primary
responsibility and adopt the rationale expressed as the basis for  our
decision that the applicant has failed to sustain his burden of having
suffered either an  error  or  injustice.   There  being  insufficient
evidence to the contrary, we find no  compelling  basis  to  recommend
granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially add to our understanding of the issue involved.  Therefore,
the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of 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  AFBCMR
Docket Number 01-03522 in Executive Session on 29 May 2002, under  the
provisions of AFI 36-2603:

      Mr. Philip Sheuerman, Panel Chair
      Mr. Billy C. Baxter, Member

      Mr. James W. Russell, III, Member


The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Dec 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPP, dated 7 Feb 02, w/atchs.
    Exhibit D.  Letter, AFBCMR, dated 15 Feb 02, w/atchs.
    Exhibit E.  Letter, Applicant, dated 10 Mar 02, w/atchs.




                                        PHILIP SHEUERMAN
                                        Panel Chair

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