RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01289
            INDEX CODE:  108.00
      XXXXXXXXXXXXXXXX COUNSEL:  NONE

      XXXXXXXXXXXXX    HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

He be given full retirement benefits at the rank of major.

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APPLICANT CONTENDS THAT:

Reserve Order K-1375, dated 21 June 1961, indicates he completed a total  of
20 years of honorable service in the Armed Forces.

In support of his application, he provided copies of  Reserve  Order  K-1375
along  with  copies  of  his  military  service  records.   The  applicant’s
complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 3 March 1941, the applicant enlisted in the National Guard of the  United
States in the rank of private (E-1) at the age of 22.  On 1 April  1941,  he
was ordered to active duty.  He was progressively promoted to the  grade  of
sergeant (E-4)  effective  11  June  1942.   On  22  October  1942,  he  was
honorably discharged to accept a commission in the Army Air  Corps.   On  23
October 1942, he was appointed a second lieutenant, United States  Army  Air
Corps and ordered to  active  duty  the  same  day.   He  was  progressively
promoted to the grade  of  captain  (O-3)  effective  16 May  1945.   On  10
December 1945, the applicant was tendered an appointment  in  the  Officer’s
Reserve Corps, Army of the United States, in the grade of captain.   He  was
released from active duty on 28 March  1946.   The  applicant  served  three
years, five months,  and  five  days  on  commissioned  active  duty.  On  6
December 1952, the applicant  was  tendered  an  appointment  as  a  Reserve
officer in the United States Air Force in the  grade  of  captain.   He  was
promoted to the grade of major (O-4) effective 25 February 1956.  On  8 June
1960 the applicant was notified that he was

being transferred to the Inactive Status List Reserve Section  (ISLRS).   On
10 May 1961, the applicant was notified that  he  would  be  considered  for
discharge from the Air Force Reserve  for  failing  to  obtain  reassignment
from ISLRS.  On 16 May 1961,  the  applicant  acknowledged  receipt  on  the
notification  and  requested  to  be  transferred  to  the  Retired  Reserve
Section.  The applicant was transferred to the Retired Reserve effective  31
July 1961.  He was credited  with  10  years,  3  months,  and  28  days  of
satisfactory Federal service.

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AIR FORCE EVALUATION:

ARPC/DPP  recommends  denial  of  the  member’s  request.   DPP  states   to
establish eligibility for Reserve retired pay under the provisions of  Title
10, USC, Section 12731, a member must  complete  20  years  of  satisfactory
Federal service, with at least the last eight years  of  qualifying  service
in a Reserve component.   The  applicant’s  military  records  indicates  he
completed 20 years, 4 months, and 28 days of honorable  Federal  service  as
of 30 July 1961, the day before he was transferred to the  Honorary  Retired
Reserve; however, only 10 years, 3 months, and 28  days  of  this  time  was
satisfactory Federal service creditable  towards  retired  pay  eligibility.
Honorable Federal service is the total years of service,  including  active,
inactive, Regular, and Reserve.  It includes satisfactory years as  well  as
years during which the member  did  not  participate  sufficiently  to  earn
satisfactory years.

DPP states that prior to 1 July 1949,  all  Federal  service  is  creditable
towards retirement, and for this period, the applicant completed 8 years,  3
months, and 28 days of service.  Subsequent to 1 July 1949,  a  member  must
earn a minimum of 50 points to be  credited  with  a  satisfactory  year  of
service.  Each Reservist in  an  active  status  is  granted  15  membership
points, but  must  earn  at  least  35  points  through  active  duty,  unit
participation,   or   Extension   Course   Institute   (ECI)   courses,   to
satisfactorily complete a year toward retirement for pay.  From 1 July  1949
to 30 July  1961,  the  applicant  completed  an  additional  two  years  of
satisfactory service.

DPP states the applicant did not complete 20 years of satisfactory  service;
therefore, he is not eligible for retirement under the provisions  of  Title
10, United States Code (USC), Section  12731.   The  DPP  evaluation  is  at
Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 April  2004,  the  applicant  submitted  additional  military  service
records to add to his case file. He was  informed  several  years  ago  that
there was a fire in the records bureau and 20 percent of the  records  there
were lost.

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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.  After a thorough review of  the  available
records,  we  found  no  evidence  that  the  individual  is  eligible   for
retirement under the provisions of Title 10, USC, Section 12731.  We note  a
member must have 20 years of satisfactory Federal  service,  with  the  last
eight years of qualifying service in a Reserve  component,  to  be  eligible
for Reserve retired pay.  The evidence provided confirms the  applicant  was
credited with 20 years, 4 months, and 28 days of honorable Federal  service;
however, the record indicates that only 10 years, 3 months, and 28  days  of
this time was satisfactory  Federal  service  credible  toward  retired  pay
eligibility.  Therefore, in the absence of evidence by  the  applicant  that
would lead us to believe he participated as an  active  member  of  the  Air
Force Reserve to a greater degree than that indicated by his record or  that
his point credit histories  are  improperly  recorded,  we  agree  with  the
assessment by the Air Force  office  of  primary  responsibility  and  adopt
their  conclusions  as  our  findings  in  this  case.    Accordingly,   the
applicant’s request is not favorably considered.

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 issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

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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.

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The following members of the Board considered this application in  Executive
Session on 8 June 2004, under the provisions of AFI 36-2603:

      Mr. Roscoe Hinton Jr., Panel Chair
      Mr. Garry G. Sauner, Member
      Mr. Grover L. Dunn, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2003-01289:

      Exhibit A.  DD Form 149, dated 29 Mar 03, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, ARPC/ DPP, dated 12 May 03.
      Exhibit D.  Letter, SAF/MRBR, dated 23 May 03.
      Exhibit E.  Applicant’s Rebuttal, dated 12 Apr 04.




                                                   ROSCOE HINTON JR.
                                                   Panel Chair