RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00067
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
It appears the applicant is requesting that his records be corrected
to show that he was entitled to Retired Reserve 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:
ARPC Form 168, Computation for AF Form 526, dated 12 March 2002,
reflects that the applicant served on active duty in the Army of the
United States from 16 December 1941 to 10 November 1945. He was in
an inactive status during the period 11 November 1945 to 30 June
1949. He was credited with 7 years, 6 months, and 15 days of
satisfactory Federal service performed prior to 1 July 1949.
From 1 July 1949 to 30 June 1952, he was credited with honorable
Federal service. He served in the Reserve of the Air Force from 1
July 1952 until his discharge on 5 August 1966, and transferred to
the Honorary Retired Reserve effective 6 August 1966. The applicant
had continuous military service from 16 December 1941 and completed a
total of 24 years, 7 month, and 21 days of honorable Federal service;
however, only 15 years, 6 months, and 15 days was credited as
satisfactory service towards retirement.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPP reviewed this application and recommended denial. They
indicated that in accordance with Title 10, United States Code (USC),
Section 12731, a member must complete at least 20 years of
satisfactory service, with the last 8 years of qualifying service in
a Reserve component. Honorable service is the total years of service
including active, inactive, Regular and Reserve. It includes
satisfactory years, as well as those years during which the member
did not participate sufficiently to earn satisfactory years.
Prior to 1 July 1949, the applicant completed 7 years, 6 months, and
15 days of satisfactory Federal service creditable toward retirement.
From 1 July 1949 until 6 August 1966, the day he was transferred to
the Honorary Retired Reserve, he had completed 8 years of
satisfactory service toward retirement
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
19 April 2002 for review and comment within 30 days. 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. 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 given credit for all of
his service which he performed during his career. 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.
_________________________________________________________________
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 02-00067 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 3 Jan 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DPP, dated 1 Apr 02, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 12 Apr 02, w/atchs.
PHILIP SHEUERMAN
Panel Chair
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