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AF | BCMR | CY2005 | BC-2004-03690
Original file (BC-2004-03690.doc) Auto-classification: Denied

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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