RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03690
INDEX CODE: 129.04
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 7 JUNE 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His retired pay be recalculated to reflect his Air National Guard service
he performed after retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has not received credit on his retired pay for the time he served in the
Air National Guard.
In support of his appeal, applicant provides a copy of his NGB Form 22,
Report of Separation and Record of Service, a copy of his DD Form 214, a
copy of his ANG/USAFR Point Credit Summary and a letter of certification of
retirement points from the TN ANG. The applicant’s submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 31 May 1975, the applicant was relieved from active duty and was retired
in the grade of master sergeant (E-7) effective 1 June 1975. Applicant was
credited with 21 years, 6 months and 5 days of total active duty service
for basic pay and 20 years, 11 months and 20 days active service for
retirement.
Records indicate that on 15 July 1975, the applicant enlisted in the
Tennessee Air National Guard and actively participated until his discharge
for physical disqualification effective 21 June 1984.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPP recommends the application be denied. DPP states that there is no
provision of law that allows the applicant’s regular retired pay to be
recomputed based on Reserve service performed after regular retirement and
the only active duty he performed after retirement was active duty for
training. The Fiscal Year 2001 National Defense Authorization Act (NDAA),
authorized a new provision of law (Title 10, Section 12741) which allows a
retired regular, who participates in a Reserve component after regular
retirement, to convert their regular retired pay to Reserve retired pay at
age 60. DPP states, however, that the applicant cannot convert his regular
retired pay to Reserve retired pay since he performed Reserve service prior
to the enactment of Title 10, U.S.C., Section 12741 which was effective 30
April 2001. The ARPC/DPP evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 18 February 2005, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment. As of this date, this office has
received no 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
of record and the applicant’s submission, we are not persuaded that his
retired pay should be recalculated to reflect his Air National Guard
service. In this regard, we agree with the opinion and recommendation of
the Air Force office of primary responsibility that in accordance with
Section 8914, Title 10, USC, the applicant’s retired pay was correctly
computed . In the absence of evidence which successfully refutes the Air
Force assessment of this case or showing that the actions taken to effect
the applicant’s retirement pay was erroneous or unjust, we find no 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 this application in Executive
Session on 5 May 2005, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Sue A. Lumpkins, Member
Mr. James W. Russell, III, Member
The following documentary evidence for AFBCMR Docket Number BC-2004-03690
was considered:
Exhibit A. DD Form 149, dated 21 Nov 04.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated 9 Feb 05, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 18 Feb 05.
RICHARD A. PETERSON
Panel Chair
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