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AF | BCMR | CY2006 | BC-205-03593
Original file (BC-205-03593.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03593
            INDEX NUMBER:  128.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  22 May 07


_________________________________________________________________

APPLICANT REQUESTS THAT:

His military pension be reinstated.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He only served in the Air Force Reserves four  years  while  attending
college.  He served  an  additional  20  years  on  active  duty.   He
received his pension from 1992 to 2000 at which time he requested  his
pension be held in escrow.

He has attempted to get the problem resolved through letters, personal
visits, etc., without success.

In support of his request, applicant has provided a  copy  of  his  DD
Form 214, a copy of a request for retirement pay sent to  the  Defense
Finance and Accounting Service (DFAS),  a  copy  of  a  Reserve  point
credit summary, a copy  of  an  enlistment  contract,  and  a  monthly
retirement and Survivor Benefit Program estimates information sheet.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records  contain  evidence  of  two
periods of service with the Air Force.  The first period of service as
documented on his DD Form 214 shows a release from active  duty  on  6
Jul 73 with four years active service.  The second period  of  service
is reflected on National Guard Bureau (NGB) Form 22 and documents  net
service with the Missouri Air National Guard of one year, four months,
and eight days effective as of his resignation on 28 Oct 92.  Combined
with the previous 4 years of active service reflected on his  DD  Form
214, 4 months and 16 days of Reserve service, the applicant has  total
service of 5 years, 8 months, and 24 days.

_________________________________________________________________
AIR FORCE EVALUATION:

AFPC/DPPRRP  recommends  denial  of  the  applicant’s  request  for  a
retirement pension.  They note that  the  copy  of  the  DD  Form  214
submitted by the applicant contains irregularities and does not  match
the form filed in his official records.  They note that  the  DD  Form
214 submitted by the applicant contains a different grade, major (O-4)
vice sergeant (E-4), a difference in total active  service,  23  years
vice 4 years, and a difference in the decorations awarded.  They  also
note that block 11a, “Type of transfer or discharge,” reflects release
from active duty.  If the applicant had retired, this block would have
indicated “retired.”  They also note that the maximum amount shown for
SGLI insurance coverage is  incorrect  for  the  period  in  question.
Finally, they note that the applicant’s DD Form 214 is on an  obsolete
version of the form not used during the period in question.

AFPC/DPPRRP notes that the list of awards the applicant is entitled to
is different from those reflected on the DD Form 214 he has submitted.

AFPC/DPPRRP recommends the applicant’s case be sent to the Air Reserve
Personnel Center (ARPC) for further evaluation.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluation, applicant submits  copies
of Air National Guard/Reserve Point  Credit  Summary  he  states  were
issued at the time of his retirement.  He  states  he  is  researching
income tax returns to support his claim.  He also asked for additional
time to conduct research in support of his claim.  The  applicant  was
advised that he could not be given an extension  of  time,  but  could
request his application be temporarily withdrawn.  The letter advising
him was forwarded on 9 Feb 06 for his response  within  30  days.   To
date, a response has not been received.

The applicant’s initial response, with attachments, is at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

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  and  adopt  its  rationale  as  the
primary basis for our conclusion that the applicant has not  been  the
victim  of  an  error   or   injustice.    Additionally,   given   the
discrepancies identified in the evidence submitted by  the  applicant,
the Board recommends the applicant’s application be submitted  to  the
appropriate law  enforcement  agency  for  investigation  of  possible
fraud.  Accordingly, the Board finds no basis  to  recommend  granting
the relief sought in this application and strongly recommends denial.

_________________________________________________________________

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 Docket  Number  BC-2005-
03593 in Executive Session on 4 April 2006, under  the  provisions  of
AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Mary C. Puckett, Member
      Ms. Janet I. Hassan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Nov 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPRRP, dated 22 Dec 05,
                w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Jan 06.
    Exhibit E.  Letter, Applicant, dated 3 Feb 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair


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