RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00561
INDEX CODE: 112.05
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 20 Aug 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he has 21 years, 7 months, and 8
days of total active service, rather than 19 years and 20 days.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His records do not accurately reflect his active service.
In support of his appeal, the applicant provided extracts from his
military personnel records and other documents associated with the
matter under review, including a letter from the Defense Finance and
Accounting Service (DFAS) to his congressman.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Army National Guard on 15 Jul 55. He was
honorably discharged on 29 Jun 58.
He enlisted in the Regular Air Force on 30 Jun 58 for a period of four
years in the grade of airman third class (E-2).
On 22 Feb 77, the applicant was relieved from active duty and,
effective 23 Feb 77, permanently retired by reason of physical
disability in the grade of technical sergeant, with a compensable
disability rating of 40 percent. He was credited with 19 years, and
20 days of active service for retirement, and 21 years, 7 months, and
8 days of service for basic pay.
_________________________________________________________________
AIR FORCE EVALUATION:
DFAS-RPB-TQAL/CL noted the applicant was placed on the Permanent
Disability Retired List (PDRL) on 23 Feb 77 with 19 years and 20 days
of active service and 21 years, 7 months, and 8 days of service for
basic pay. They indicated that in accordance with 10 USC 1208, a
member of a regular component is entitled to use only actual active
service performed; a member of the armed forces who is not a member of
the regular component is entitled to the number of years of service
that would be creditable if computing service under 10 USC 12733. 10
USC 1414, the law that authorizes the Concurrent Retirement and
Disability Payment (CRDP), requires that a member retired by reason of
disability must be credited with 20 years of service computed under 10
USC 1405 in order to receive the CRDP. Unless the applicant has
additional active service which was not credited, there is no basis
upon which the CRDP can be paid.
A complete copy of the DFAS-RPB-TQAL/CL evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 6 May
05 for review and response. As of this date, no response has been
received by this office (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. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility (OPR) and adopt their rationale as
the basis for our conclusion the applicant has not been the victim of
an error or injustice. Therefore, in the absence of sufficient
evidence the applicant’s records erroneously reflect his total active
military service, we find no compelling basis to recommend granting
the relief sought in this application.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing 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 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-
2005-00561 in Executive Session on 28 Jun 05, under the provisions of
AFI 36-2603:
Ms. Cathlynn B. Sparks, Panel Chair
Mr. Albert C. Ellet, Member
Mr. Michael J. Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Feb 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, DFAS-RPB-TQAL/CL, dated 25 Apr 05.
Exhibit D. Letter, SAF/MRBR, dated 6 May 05.
CATHLYNN B. SPARKS
Panel Chair
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