RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-03286
                                       INDEX CODE:  108.00
      XXXXXXXXXXXXXX                    COUNSEL: MR. M. SCOTT BRUMBACK

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  28 April 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected  to  show  over  20  good  years  of  service  with
eligibility to receive Reserve retired pay and any associated back  pay  and
benefits.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has attained over 20 years good service; however,  he  has  not  received
retirement status or financial compensation.

In support of his application, the applicant provides a statement  from  his
attorney and copies of numerous military personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s complete military  record  cannot  be  located  due  to  his
records being destroyed in  the  fire  at  the  National  Personnel  Records
Center in St. Louis, Missouri; however,  some  documents  verifying  service
were reconstructed from other sources.  On 24 November 1972,  the  applicant
was transferred to the Honorary Retired Reserve in the grade of  Major.   An
Air Reserve  Personnel  Center  (ARPC)  Letter,  dated  20  September  1972,
indicated the  applicant  only  had  13 years,  1  month,  and  25  days  of
satisfactory service as  of  that  date.   The  letter  also  indicated  the
applicant would not be able to establish eligibility for retired pay at  age
60 under the provisions of Title 10, United States Code (USC) 1331,  because
he could not accrue a minimum of 20 years satisfactory service prior to  his
completion of 28 years commissioned service.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends denial of the  applicant’s  request.   DPP  states  even
though ARPC  cannot  locate  the  applicant’s  complete  military  personnel
record, there is sufficient documentation available to determine he did  not
complete 20 years of satisfactory service.  Since he  did  not  complete  20
years of satisfactory service, he is not eligible for  Reserve  retired  pay
or any benefits associated with retired pay.

DPP states in order to establish eligibility for Reserve Retired  pay  under
the provision of Title 10, USC 12731, a member must  complete  20  years  of
satisfactory federal service,  with  the  last  eight  years  of  qualifying
service in a  Reserve  component.   The  applicant  completed  29  years,  6
months, and 18 days of honorable federal service; however, only 13 years,  1
month, and 25 days of this time is satisfactory  service  creditable  toward
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  does  not  participate
sufficiently to earn satisfactory years.  Prior to 1 July 1949, all  federal
service  is  creditable  toward  retirement  for  pay.   The  applicant  was
credited with 6 years, 1 month, and 25 days of satisfactory service for  the
period 6 May 1943 to 30 June 1949.  Subsequent to 30  June  1949,  a  member
must earn a minimum of 50 points, in  a  specific  one-year  period,  to  be
credited with a satisfactory year of service.  Each Reservist in  an  active
status is granted 15 membership points, but must earn  at  least  35  points
through active  duty,  unit  participation  or  Extension  Course  Institute
courses to satisfactorily complete a creditable year toward  retirement  for
pay.  The applicant completed an additional 7 years of satisfactory  service
between the period 1 July 1949 to 24 November 1972, giving him  a  total  of
13 years, 1 month, and 25 days of  satisfactory  service  creditable  toward
retired pay eligibility.

The DPP evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s counsel indicates the Air Force advisory  opinion  is  based
on the information provided in the  Department  of  the  Air  force  letter,
dated 24 January 2002, and does include  the  entirety  of  the  applicant’s
records.  Based on a letter received from the  Oregon  Air  National  Guard,
dated 23 June 2003, the applicant served an additional 14 years, 11  months,
and 25 days in the Air  National  Guard.   The  advisory  opinion  does  not
address the applicant’s Air National Guard Service.  The applicant  provides
additional military personnel records to  include  orders,  flight  records,
and certificates.

A copy of the applicant’s rebuttal, 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 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
federal service; therefore, he is  not  eligible  for  Reserve  retired  pay
under 10 USC 12731.  It  seems  the  applicant  may  be  confused  that  his
service while in the Oregon Air National Guard is not being included in  his
computation of points and satisfactory service provided by  the  Air  Force.
However, the flight records  provided  by  the  applicant  verify  that  his
participation for his years in the Air National Guard is, in fact,  recorded
as USAFR status participation for the respective years on the ARPC IMT  168,
Computation for Points and Satisfactory Service Credit Summary, provided  by
the Air Reserve Personnel Center.  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 18 January 2007, under the provisions of AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Ms. Teri G. Spoutz, Member
                 Ms. Mary C. Puckett, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2006-03286:

    Exhibit A.  DD Form 149, dated 12 Oct 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 16 Nov 06, w/atchs.
    Exhibit D.  Letters, SAF/MRBR, dated 1 Dec 06.
    Exhibit E.  Counsel’s Rebuttal, dated 13 Dec 06.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair