RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-04130
INDEX CODE: 108.00
XXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
_
APPLICANT REQUESTS THAT:
He receive Reserve retirement orders.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
His retirement papers were lost somewhere between Seymour
Johnson Air Force Base and Washington, DC.
The applicant did not provide any evidence to support his
appeal.
The applicants complete submission is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
On 7 May 1943, the applicant was inducted and transferred to the
Army Enlisted Reserve Corps at the age of 19. On 1 June 1943,
the applicant entered active duty as an aviation cadet in the
Army Air Corps. On 10 March 1945, subsequent to his completion
of pilot training, he was discharged to accept a commission. On
11 March 1945, he was appointed a second lieutenant in the
Officers Reserve Corps, Army of the United States, commissioned
as a pilot, and recalled to active duty. On 10 October 1945, he
was released from active duty and transferred to the Standby
Reserve. While serving in the Reserve, he was progressively
promoted to the grade of captain effective 1 July 1955. On
31 August 1962, the applicant was relieved from the Standby
Reserve and transferred to the Honorary Retired Reserve
effective 1 September 1962.
The remaining relevant facts pertaining to the applicant is
contained in the Air Force advisory opinion at Exhibit C.
________________________________________________________________
_
AIR FORCE EVALUATION:
ARPC/DPP recommends denial of the applicants request for
Reserve retirement. DPP states the applicant is not eligible
for Reserve retired pay under the provisions of Title 10 United
States Code (USC), Section 12731. In order to establish
eligibility for Reserve retired pay at age 60, a member must
complete 20 years of satisfactory service, with the last 8 years
of qualifying service in a Reserve component. A review of the
applicants military record indicates he completed 19 years, 3
months, and 24 days of honorable federal service as of his
discharge from the Air Force Reserve; however, only 11 years, 1
month, and 24 days of this time was satisfactory service
creditable toward Reserve retired pay eligibility. Honorable
service is the total years of service including active,
inactive, regular, and Reserve. It includes satisfactory years
as well as years during which the member did not participate
sufficiently to earn satisfactory years.
DPP states that prior to 1 July 1949, all federal service is
creditable toward retirement and for this period the applicant
completed 6 years, 1 month, and 24 days of satisfactory Federal
service. Subsequent to 30 June 1949, a member must participate
and accrue a minimum of 50 points, in a specific one year
period, to be credited with a year of satisfactory Federal
service. From 1 July 1949 to 31 August 1962, the applicant
accrued a total of five years of satisfactory federal service.
Since the applicant did not complete 20 years of satisfactory
service, he is not eligible for Reserve retired pay or any
benefits associated with retired pay.
The ARPC/DPP evaluation, with attachments, is at Exhibit C.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force Evaluation was forwarded to the
applicant on 7 March 2008, for review and comment within 30 days
(Exhibit D). 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 an 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 basis for our conclusion that the
applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, 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 this application
in Executive Session on 10 June 2008 under the provisions of AFI
36-2603:
XXXXXXXXXXXXX, Panel Chair
XXXXXXXXXXXXX, Member
XXXXXXXXXXXXX, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2007-04130:
Exhibit A. DD Form 149, dated 8 Dec 07.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated 27 Feb 08, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 7 Mar 08.
XXXXXXXXXXXXXX
Panel Chair
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