RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01428,
                                            Cse 2
                       INDEX CODE:  110.00
                       COUNSEL:  None

                       HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be changed to reflect his active service for retirement as
20 years, 6 months, and 29 days versus 20 years, 5 months and 26 days.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214 reflects his active service as 20 years, 6 months, and
29 days.  Therefore, he should have received retirement pay  for  52.5
percent of basic pay in accordance with HQ  AFPC/DPPD  and  Air  Force
Manuals 35-4 and 35-7.  The Air Force made an error by paying only  50
percent of base pay.  In support of his request he attached  a  record
of disability payment from the Department  of  Veterans  Affairs.   He
further states this is not a correction of records since his  DD  Form
214 is correct, this is a request for the  Air  Force  to  follow  the
requirements and refund back pay.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 2 November 1953 for
a period of four years as an Airman Basic (AB).

The applicant was relieved from  active  duty  on  31  May  1974.   He
voluntarily retired on 1 June 1974.  He served 20 years, 5 months  and
26 days of active service.  He served 20 years, 6 months and  29  days
for retired pay purposes.

The applicant submitted an  application  to  the  Board  to  have  his
retirement for service changed to a medical retirement.  The
Board considered and denied his  applicant’s  request  on  2  November
1999.

_________________________________________________________________

AIR FORCE EVALUATION:

DFAS-RPB-TQAL/CL states the applicant was placed on the  Retired  List
on 1 June 1974 under the provisions of 10 USC 8914.  The applicant was
credited with 20 years, 5 months and 26 days of active service and  20
years, 6 months and 29 days of service for pay purposes.  The DD  Form
214 the applicant was issued indicates his service is correct.  He has
not provided any evidence to support his request.  They further  state
if the applicant’s service record is verified and it is determined  he
should be credited with 20 years, 6 months and 29 days of service, his
account will be recomputed.

A complete copy of the DFAS evaluation is attached at Exhibit C.

HQ AFPC/DPPD states when the applicant requested to have  his  service
retirement changed to  a  disability  retirement,  they  inadvertently
quoted his active service for retirement (20 years, 5 months,  and  26
days) incorrectly from his retirement order.  What they  inadvertently
showed as his active service was his period of service for  basic  pay
(20 years, 6 months, and 29 days).  Military retirement eligibility is
calculated for active years of service.

DPPD further states the applicant’s active service on his DD Form  214
is correct and does not require an amendment.  They apologize for  the
oversight and anticipate no  further  action  on  this  administrative
error.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation  and  states  that  an
error was made in the computation of monies due at  the  time  of  his
retirement to present date.

In accordance with 10 USC 8991, active at time of  retirement  and  is
required to be used “…if a  person  would  otherwise  be  entitled  to
retired pay computed under more than one formula of this table or  the
table in section 1401 of this title, he is entitled to be  paid  under
the applicable formula that is most favorable to him.”

“…’basic pay’ are substituted for the words ‘basic and longevity  pay’
to conform to the terminology of the Career Compensation Act of 1949…”

“…the active duty pay of all members of the Air Force  is  based  upon
years of service.”

He concludes that 20 years, 6 months and 29  days  is  the  amount  of
service that should be used for the computation of monies due.

Applicant’s complete response is attached at Exhibit F.

_________________________________________________________________

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.   It  appears  the  applicant
believes his retired pay has not been properly calculated  based  upon
his years of service.  He asserts it should be based upon his  service
for basic  pay.   We  note  that  enlisted  members’  retired  pay  is
calculated on active years of service.  The applicant served 20 years,
5 months and 26 days of active service.  Therefore,  after  thoroughly
reviewing the evidence of  record,  we  are  not  persuaded  that  the
applicant’s records should be changed.  He has not established that he
served 20 years, 6 months, and 29 days of active service.  In view  of
the fact that the applicant has not presented persuasive evidence that
his retired pay has not been accurately computed  in  accordance  with
the governing directives, we find no compelling basis  upon  which  to
recommend granting the requested relief.

_________________________________________________________________

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-
2003-01428 in  Executive  Session  on  3  September  2003,  under  the
provisions of AFI 36-2603:

                       Mr. Gregory H. Petkoff, Panel Chair
                       Mr. J. Dean Yount, Member
                       Ms. Beth M. McCormick, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 14 Apr 03, w/atchs.
      Exhibit B. Available Military Personnel Records.
      Exhibit C. Letter, DFAS-RPB-TQAL/CL, dated 6 May 03.
      Exhibit D. Letter, AFPC/DPPD, dated 5 Jun 03, w/atch.
      Exhibit E. Letter, SAF/MRBR, dated 11 Jun 03.
      Exhibit F. Applicant’s Response, dated 1 Jul 03.




                             GREGORY H. PETKOFF
                             Panel Chair