RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01714
INDEX CODE: 131.09
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he was promoted to the permanent
grade of captain.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was a significant part of two wars and is entitled to his promotion
and retroactive retirement. His records cannot be located and he has
been searching since 1968, with no results to date.
In support of his request, the applicant submits a personal letter,
copies of his DD Form 214, correspondence from the Selective Service
System, dated 29 April 1958, his Armed Forces Identification Card and
additional documents associated with the issues cited in his
contentions. The applicant’s complete submission, with attachments,
is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant's military personnel records may have destroyed in the
National Personnel Records Center (NPRC) fire on 12 July 1973.
Information extracted from applicant’s submission reveals that the
applicant had prior enlisted service.
As a member of the inactive Air Force Reserve, he was called to active
duty on 5 May 1952 in the grade of second lieutenant. On 31 January
1958, he was released from active duty in the grade of first
lieutenant (Permanent) and transferred to the Air Force Reserve.
During this period, he completed 5 years, 8 months and 27 days of
active service and was credited with a total of eight years, three
months and ten days of active duty service. His creditable service
for basic pay purposes was 14 years, 2 months and 15 days.
_________________________________________________________________
AIR FORCE EVALUATIONS:
HQ AFPC/DPPPO recommends the application be denied. DPPPO states that
there is insufficient documentation to support the applicant’s
contention that he should have been promoted to the grade of captain.
DPPPO cannot determine if the applicant was eligible for promotion to
the grade of captain prior to his separation from active duty. As
such, they are unable to verify the applicant was ever recommended for
promotion. The applicant did not provide any evidence to support his
contention that he should have been promoted to captain. The HQ
AFPC/DPPPO evaluation is at Exhibit B.
HQ AFPC/DPP recommends the application be denied. DPP states that the
applicant is not eligible for Reserve retired pay at age 60. In order
to establish eligibility for Reserve retired pay under the provisions
of Title 10, United States Code (U.S.C.), Section 12731, a member must
complete 20 years of satisfactory Federal service, with the last eight
years of qualifying service in a Reserve component. A review of the
reconstructed documents indicates that the applicant completed 14
years, 2 months and 14 days of honorable Federal service; however,
only 11 years, 4 months and 10 days of this time is satisfactory
service creditable toward retired pay eligibility. There is no
indication the applicant participated or earned any service after 31
January 1958, the date of his release from active duty. The HQ
AFPC/DPP evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
Copies of the Air Force evaluations were forwarded to applicant on 12
September 2003 for review and response. As of this date, no response
has been received by this office (Exhibit D).
_________________________________________________________________
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. We
recognize his service to the Nation. However, insufficient
documentary evidence has been presented to indicate the applicant was
eligible for promotion to the grade of captain prior to his separation
from active duty. In addition, we note that the applicant did not
complete the requisite number of years of satisfactory Federal service
to be eligible for Reserve retired pay at age 60. We, therefore,
agree with the opinions and recommendations of the respective Air
Force offices and adopt the rationale expressed as the basis for our
decision that the applicant has failed to sustain his burden that he
has suffered either an error or an injustice. In the absence of
sufficient 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 Docket Number BC-2003-
01714 in Executive Session on 16 October 2003, under the provisions of
AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Martha J. Evans, Member
Ms. Renee M. Collier, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 May 03, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPPO, dated 18 Aug 03.
Exhibit C. Letter, HQ ARPC/DPP, dated 8 Sep 03, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 12 Sep 03.
CHARLENE M. BRADLEY
Panel Chair
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