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AF | BCMR | CY2004 | BC-2004-01872
Original file (BC-2004-01872.doc) Auto-classification: Denied

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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