RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00958
            INDEX CODE:  135.02
      xxxxxxxxx  COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  30 SEPTEMBER 2008

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APPLICANT REQUESTS THAT:

His record be reviewed for correct accrual of Active and Reserve points so
he may receive Reserve retired pay and a promotion.

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APPLICANT CONTENDS THAT:

He believes he served sufficient Active and Reserve service to qualify for
a promotion and Reserve retired pay.  He attended meetings with  different
Reserve groups from the period 1946 to 1965.

In support of  his  appeal,  the  applicant  provides  various  copies  of
documents from his military personnel record.   The  applicant’s  complete
submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted into the Army of the United States on  15 September  1942
and entered active duty on same date,  was  assigned  to  duty  in  the  Air
Corps, and was progressively promoted to the grade of  airman  first  class.
He performed duties as an  Aerial  Engineer.   On  15  April  1945,  he  was
appointed an aviation cadet and  entered  into  Aviation  Cadet  (Air  Crew)
Training and was appointed a second lieutenant, Army of the  United  States,
Air Corps.  He was relieved from active duty  on  5  December  1945  in  the
grade of second lieutenant.  He was credited with 7 months and  21  days  of
continental service.  His separation  document  shows  he  was  awarded  the
American Theater Campaign Ribbon and the Victory Medal.

The applicant continued to serve in  the  Officers’  Reserve  Corps,  in  an
active and inactive status  until  his  transfer  to  the  Honorary  Retired
Reserve Section in the grade of captain  effective  1 April  1965.   He  had
completed a total of 22 years, 6 months, and 16 days  of  honorable  Federal
service; however, he completed only 9  years,  9  months,  and  16  days  of
satisfactory service creditable towards retired pay eligibility.

In a letter dated 12 December 1978, ARPC/DPAAR advised the applicant  that
he had not completed 20 years of satisfactory service; therefore,  he  was
not eligible for any pay benefits from the Air Force Reserve.

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AIR FORCE EVALUATION:

ARPC/DPP recommends denial.   DPP  advises  that  in  order  to  establish
eligibility for Reserve retired pay, 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  22  years,  6
months, and 16 days of honorable Federal service; however, only  9  years,
9 months, and 16 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  did  not
participate sufficiently to earn satisfactory years.  With regard  to  the
applicant’s promotion issue, DPP states the applicant’s Promotion  Service
Date (PSD) to captain was 21 September 1957 with a Total Year Service Date
(TYSD) of 15 April 1945.  Based on the PSD and TYSD criteria for promotion
consideration, the first mandatory board the  applicant  would  have  been
eligible to meet would have convened on 2 December  1963.   The  applicant
was assigned to the Inactive Status List Reserve Section on  16  September
1959 and was no longer eligible  for  promotion  consideration.   The  DPP
complete evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was sent to  the  applicant  on  1 June
2007 for review and comment within 30 days.  As of this date, this  office
has received no response.

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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 believe the applicant’s request for a
correction of his record in such a manner as to establish his  entitlement
to Reserve retired pay at age 60 is  not  supported  by  the  evidence  of
record.  The applicant claims he attended various meetings with  different
Reserve groups during his Reserve service from 1946 to 1965.  However,  we
note that an audit of his  participation  by  the  Air  Reserve  Personnel
Center indicates that, at the time of his separation, he had accrued  only
9 years, 9 months and 16 days of satisfactory Federal  service,  over  ten
years short of the 20 satisfactory years of Federal  service  required  by
law for entitlement for receipt of Reserve retired pay upon attainment  of
age 60.  In the absence of evidence  indicating  the  computation  of  his
service on his Point Credit  History  is  erroneous,  we  agree  with  the
opinion  and  recommendation  of  the  Air   Force   office   of   primary
responsibility and conclude the applicant has not sustained his burden  of
establishing he has suffered either an error or injustice.  In  regard  to
the applicant’s request for promotion, since the applicant was assigned to
the Inactive Status List Reserve Section and was no  longer  eligible  for
promotion  consideration,  his  request  for  promotion  is  also  denied.
Accordingly, in view of  the  above,  the  applicant’s  requests  are  not
favorably considered.

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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 and that  the  application  will  only  be  reconsidered  upon  the
submission of newly discovered relevant evidence not considered with  this
application.

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The  following  members  of  the  Board  considered  this  application  in
Executive Session on 12 July 2007, under the provisions of AFI 36-2603:

            Mr. James A. Wolffe, Acting Panel Chair
            Ms. Donna D. Jonkoff, Member
            Ms. Janet I. Hassan, Member

The following documentary evidence pertaining to  Docket  Number  BC-2007-
00958 was considered:

    Exhibit A.  DD Form 149, dated 21 Mar 07, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 24 May 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Jun 07.




                                   JAMES A. WOLFFE
                                   Acting Panel Chair