RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03892
INDEX CODE: 112.10
XXXXXXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 24 June 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be given Reserve retired pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is ready for his pension now.
In support of his application, the applicant provides copies of his
Certificate of Service and his Army Separation Qualification Record. The
applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Army Enlisted Reserve Corps on 22 June 1943
in the grade of private at the age of 19. On 11 July 1943, he was ordered
to active duty for pre-aviation cadet basic training. Subsequently, the
applicant was appointed an Aviation Cadet on 15 December 1943. On 9 June
1944, the applicant was honorably discharged to accept an appointment as a
Flight Officer, Army Air Corps. On 10 June 1944, following the acceptance
of his appointment, he was ordered to active duty in the grade of first
lieutenant.
On 23 September 1945, the applicant was honorably discharged from active
duty for demobilization. He served 2 years, 2 months, ands 13 days of
satisfactory service.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends denial. DPP states in order to establish eligibility
for Reserve retired pay under the provision of Title 10 United States Code,
Section 12731 (10 USC 12731), a member must complete at least 20 years of
satisfactory service with the last eight years of qualifying service in a
Reserve component. There is no indication in the applicant’s record that
he had any other military service prior to 11 July 1943, or after he was
discharged on 23 September 1945. Since he did not complete 20 years of
satisfactory service and he had no service in a Reserve component, he is
not eligible for Reserve retired pay under 10 USC 12731. The DPP
evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 20
January 2006, for review and comment within 30 days. 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 an error or injustice. After a thorough review of the
available records, we found no evidence the individual’s records are in
error. We note the applicant did not complete 20 years of satisfactory
service; therefore, he is not eligible for Reserve retired pay under 10 USC
12731. To grant the applicant’s request would be contrary to the governing
Air Force regulations and the law. Therefore, we agree with the opinion
and recommendations of the Air Force office of primary responsibility and
adopt its rational as the basis for our conclusions 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 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 21 March 2006, under the provisions of AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Mr. Patrick C. Daugherty, Member
Ms. Debra Walker, Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2005-03892:
Exhibit A. DD Form 149, dated 12 Dec 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated 10 Jan 06.
Exhibit D. Letter, SAF/MRBR, dated 20 Jan 06.
JAMES W. RUSSELL III
Panel Chair
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