RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03761
            INDEX CODE:  136.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

She  (deceased  member's  daughter)  be  able  to  receive  retirement
benefits that her father earned but never collected.

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APPLICANT CONTENDS THAT:

Her father served 15 years, 10 months and 16 days  of  active  service
with the Air Force and 5 years, 2 months and 9 days of active  service
with  the  US  Army  thereby  enabling  him  to  military  retirement.
Applicant  states  that  her  father  applied  for   retirement   upon
separating from the Air Force but was denied as he did  not  have  the
Army DD Form 214 that would verify his active service.

Applicant’s complete  submission,  with  attachments,  is  located  at
Exhibit A.

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STATEMENT OF FACTS:

The former member served on active duty with the  United  States  Army
from 24 Jul 1944 to 4 Jul 1947  and  as  a  reservist  with  the  Army
Reserve from 5 July 1947 to 7 September 1948 and on active  duty  with
the Army Reserve from 8 Sep 1948 to   7 September 1949.   All  federal
service prior to 1 July 1949 was considered creditable for retirement.
 Therefore, he had 4 years,  11  months  and  7  days  creditable  for
retirement on 1 July 1949.  At the time of  his  enlistment  into  the
United States Air Force he had been credited with 4 years,  11  months
and 7 days of active service and 11 months  and  9  days  of  inactive
service.

He contracted his enlistment in the Regular Air Force on 31 May  1951.
He was progressively promoted to the grade of Staff Sergeant (E5) with
a date of rank of 1 October 1953.

On 28 June 1965, member was placed on the Airman Control Roster  as  a
result of a Special Performance Report.  His  performance  was  to  be
observed from 9 June through 8 September 1965 by  a  different  rater.
He chose not to acknowledge  the  Airman  Control  Roster  action  and
stated his intention to be discharged from  the  Air  Force.   He  was
discharged with an honorable discharge effective 7 July 1965.  At  the
time of his discharge from the Air Force, he had completed 14 years, 4
months and 17 days of  active  military  service.   His  total  active
federal military service towards voluntary retirement  therefore,  was
19 years, 3 months, and 24 days.  His total service for  pay  purposes
was 19 years, 11 months, and 22 days.

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AIR FORCE EVALUATION:

AFPC/DPPRRP recommends denial.  DPPRRP cites Section 8914 of Title 10,
United States Code that requires the military member to have a minimum
of 20 years of active service to  qualify  for  voluntary  retirement.
The member had only 18 years and 18 days of  active  military  service
and therefore does not qualify for a 20-year retirement.

DPPRRP notes also that there were no injustices or irregularities that
occurred with the former member’s discharge  processing  and,  at  the
time, there were no provisions of law that allowed a member to  retire
with less than 20 years of active service.

AFPC/DPPRRP’s evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that she spoke with an old friend of her father’s who
told her that her father did not apply for voluntary  retirement  from
the Air Force, as he was evidently aware of the Air  Force  Regulation
that governed retirements at  the  time.   Her  father  did,  however,
attempt to apply for a retirement  based  on  points  he  earned  from
active and reserve service when he reached age 60.  Member  could  not
provide the Army DD Form 214, and the Air Force could not  locate  it.
Therefore, the applicant contends that had her father’s paperwork been
processed properly, he would’ve drawn retirement pay  from  July  1986
until his  death  in  April  1999.   She  asks  for  a  review  of  AF
regulations regarding qualifying for retirement for points at age  60.


A complete copy of the response is at Exhibit E.

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ADDITIONAL AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  In order for the former  member  to  have
qualified for Reserve retired pay  at  age  60  he  had  to  meet  the
requirements of Title 10, United States Code (U.S.C.),  Section  12731
that requires a member to complete 20 years  of  satisfactory  service
with the last 8 years of qualifying service to be served in a  Reserve
component.  The former member completed 19 years,  3  months,  and  29
days of satisfactory service as of the date of his discharge from  the
United States Air Force, 7 July 1965.  None of his  last  8  years  of
service were performed in a Reserve component.  Therefore, the  former
member did not meet either of the qualification rules to qualify for a
Reserve retirement.

ARPC/DPP’s evaluation, with attachment, is at Exhibit G.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional evaluation was forwarded to the applicant  on
16 May 2003, for review and comment within 30 days.  As of this  date,
this office has received no response.

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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  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinions and  recommendations  of  the  Air
Force office of primary responsibility and adopt  their  rationale  as
the basis for our conclusion that the former member has not  been  the
victim of an error or injustice.  The former  member  simply  did  not
meet the criteria for  either  a  voluntary  20-year  retirement  from
active duty or a Reserve component retirement at age  60.   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 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 AFBCMR Docket Number BC-
2002-03761 in Executive Session on 1 July 2003, under  the  provisions
of AFI 36-2603:

      Ms. Brenda L. Romine, Panel Chair
      Ms. Marilyn Thomas, Member
      Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Nov 02, w/atchs.
    Exhibit B.  Deceased Member’s Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRRP, dated 17 Jan 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Jan 03.
    Exhibit E.  Letter, Rebuttal, dated 13 Feb 03.
    Exhibit F.  Letter, AFBCMR, dated 7 Apr 03.
    Exhibit G.  Letter, HQ ARPC/DPP, dated 8 May 03, w/atch.
    Exhibit H.  Letter, SAF/MRBR, dated 16 May 03.




                                   BRENDA L. ROMINE
                                   Panel Chair