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AF | BCMR | CY2004 | BC-2003-03371
Original file (BC-2003-03371.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03371
            INDEX CODE:  113.01
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that his active  duty  service  be  applied
towards his creditable service for a Reserve retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His active duty service was not applied towards his Reserve retirement.

In support of his request, applicant provided a copy of his Military  Record
and Report of Separation, Certificate of Service;  his  Air  Reserve  Forces
Retirement Credit Summary; his DD Form 214, Report of  Separation  from  the
Armed Forces of the United  States;  and  a  Reserve  order.   His  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant served in an enlisted status in the Army Air Corps from 27 Sep  40
through 14 Apr 45.  On 15 Apr 45, he  was  appointed  a  second  lieutenant,
Army of the United States.   He  served  various  Reserve  and  active  duty
assignments as an enlisted member and as an officer.  He  served  on  active
duty from 27 Sep 40 to 9 Dec 46 and from 29 Mar 48 to 16  Jun  52.   He  was
placed on the Inactive Status List Reserve Section (ISLRS) on 1 Nov 65.   On
31 May 67, he was removed  from  ISLRS  and  was  assigned  to  the  Retired
Reserve Section and his name was placed  on  the  Honorary  Reserve  Retired
List.  He completed 26 years, 8 months, and  4  days  of  honorable  Federal
service; however, he completed only 12  years,  8  months,  and  5  days  of
satisfactory Federal service creditable toward retired pay eligibility.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  DPP states  that  all  of  his  active  Federal
service was correctly credited towards a Reserve retirement.  Since  he  did
not complete 20 years  of  satisfactory  service  he  is  not  eligible  for
Reserve retired pay, or any benefits associated with retired pay.   The  DPP
evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded and  provided  a  synopsis  of  his  career.   Applicant
states that points accrual for  over  41  years  should  be  recognized  for
retirement compensation.  The provisions of (U.S.C.) Section 12731  projects
an ontological attitude which he finds totally unacceptable.   He  has  been
associated with the military for a total of 67 years,  which  regardless  of
the provisions of  (U.S.C.)  Section  12731,  should  tell  where  his  true
sympathies are.  His complete submission is at Exhibit E.

_________________________________________________________________

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  that  would  warrant  corrective  action.
After a thorough review of the evidence  of  record,  it  appears  that  the
applicant's creditable service was computed correctly and has been  properly
applied to his service record.  Evidence has not been presented which  would
lead us to believe that the  award  of  any  additional  service  credit  is
warranted.  Therefore, we agree with the opinion and recommendation  of  the
Air Force office of primary responsibility and adopt its  rationale  as  the
basis for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  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-2003-
03371 in Executive Session on 8 Jan 04, under  the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. James A. Wolffe, Member
      Ms. Cheryl Jacobson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Sep 03, w/acths.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 17 Nov 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Nov 03.
    Exhibit E.  Letter, Applicant, dated 30 Nov 03.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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