RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01872
INDEX CODE: 135.02
COUNSEL: NONE
265-22-3582 HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He receive Reserve retired pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His employment with the Justice Department makes him eligible for Reserve
retired pay.
In support of his application, the applicant provides a copy of his VA
disability letter. The applicant’s submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s military records reflect that prior to 1 July 1949, he was
credited with 4 years, 6 months, and 17 days of satisfactory Federal
service. During the period 1 July 1949 through 30 June 1959, he was
credited with 9 years of satisfactory Federal service. Effective 13
October 1960, he was assigned to the Inactive Status List Reserve Section
(ISLRS) for failure to meet participation requirements and on 23 August
1961, he was honorably discharged from the Air Force Reserve in the grade
of technical sergeant. Applicant was credited with 13 years, 6 months, and
17 days of satisfactory Federal service.
In a letter dated 9 August 1979, applicant was advised that he had
completed 16 years, 8 months, and 10 days of honorable Federal service;
however, only 13 years, 6 months, 17 days of this time was satisfactory
Federal service.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends the application be denied. DPP states the applicant
did not complete 20 years of satisfactory Federal service and is not
eligible for Reserve retired pay. Time spent employed with the Department
of Justice or any other agency not affiliated with the military is not
creditable service for Reserve retired pay. The ARPC/DPP evaluation, with
attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 6 August 2004, a copy of the Air Force evaluation was sent to the
applicant for review and comment. As of this date, this office has not
received a response.
_________________________________________________________________
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 evidence
presented, we are not persuaded that favorable consideration of the
applicant’s request is appropriate. The applicant’s contention that his
employment with the Justice Department makes him eligible for Reserve
retired pay was noted; however, other than his own assertions, the
applicant has provided no evidence, which in our opinion, adequately
refutes the Air Force assessment of his case. In the absence of evidence
showing the contrary, we agree with the opinion 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. Accordingly, the applicant’s request is not favorably
considered.
_________________________________________________________________
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 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 this application in Executive
Session on 14 December 2004, under the provisions of AFI 36-2603:
Mr. Robert S. Boyd, Panel Chair
Ms. Renee M. Collier, Member
Ms. Janet I. Hassan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Jun 04, w/atchs.
Exhibit B. Letter, ARPC/DPP, dated 27 Jul 04.
Exhibit C. Letter, SAF/MRBR, dated 6 Aug 04.
ROBERT S. BOYD
Panel Chair
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