RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-02511
                                             INDEX CODE:  135.03
      XXXXXXXXXXXXXXXXX                 COUNSEL:  JOHN PETTIJOHN

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  7 February 2009


________________________________________________________________

APPLICANT REQUESTS THAT:

He be credited with eligibility for Reserve retired pay.

________________________________________________________________

APPLICANT CONTENDS THAT:

He has earned enough points to qualify for Reserve retired pay.

In support of his appeal, he has furnished copies of USAF Reserve  Personnel
Record cards for the period September 1957 through September 1970, a  United
States  Marine  Corps  (USMC)  Certificate  of  Honorable  and  Satisfactory
Service, two USMC  Honorable  Discharge  Certificates,  three  Air  National
Guard Honorable  Discharge  Certificates,  three  United  States  Air  Force
Honorable Discharge Certificates, and a DD Form 214, dated 28 June 1951.

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

________________________________________________________________

STATEMENT OF FACTS:

Prior to 1 July 1949, all federal service is creditable  toward  retirement.
Subsequent to 30 June 1949, a reserve member must accrue  a  minimum  of  50
points in a  specific  one-year  period  to  be  credited  with  a  year  of
satisfactory 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.

In order to be eligible for Reserve retired  pay  under  the  provisions  of
Title 10, United  States  Code  (10  USC),  Section  12731,  a  member  must
complete 20 years  of  satisfactory  service,  with  the  last  8  years  of
qualifying service in a Reserve component.  The applicant’s military  record
indicates he completed 24  years,  10  months,  and  13  days  of  honorable
federal service; however, only  18  years  and  1  month  of  this  time  is
satisfactory service creditable towards  Reserve  retired  pay  eligibility.
Honorable federal service is the total years of service,  including  active,
inactive, regular, and Reserve, and includes satisfactory years as  well  as
years during which the applicant did not participate  sufficiently  to  earn
satisfactory years.

A review of the applicant’s military record indicates that prior to  1  July
1949, he completed 3 years and 1 month of  satisfactory  service  creditable
toward retirement, and that he completed 15 years  of  satisfactory  service
creditable toward retirement from 1 July 1949 to 25 March 1976, the date  of
his discharge.  He did not accrue the 50  points  required  to  be  credited
with a year of satisfactory service creditable toward retirement during  the
periods 1 July 1949 to 30 June 1950, 1 July 1951 to 30  June  1952,  1  July
1952 to  13 September  1957,  14  September  1971  to   13 September   1972,
14 September 1972 to 13 September 1973,  14 September  1973 to  13 September
1974, and 14 September 1974 to 25 March 1976.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends denial as the applicant did  not  complete  20 years  of
satisfactory service, as required by law, and is not  eligible  for  Reserve
retired pay under the provisions of 10 USC, Section 12731.   His  contention
that he has enough points to qualify for  Reserve  retired  pay  is  without
merit since Reserve retired pay eligibility is based on completing 20  years
of satisfactory service, and not on earning a specific number of points.

The ARPC/DPP evaluation, with attachment, is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  14
September 2007, for review and comment, within  30  days.   However,  as  of
this date, no response has been received by this office.

In a letter dated 1 November 2007 {sic}, the applicant requested a  copy  of
all the information the AFBCMR had pertaining to his application and a  copy
of 10 USC, Section 12731, both of which were furnished to him on 12  October
2007.

________________________________________________________________



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  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 their rationale as the  basis  for  our  conclusion
that the applicant has not been the victim of an error  or  injustice.   His
contention that he has enough points to qualify for Reserve retired  pay  is
without merit since Reserve retired pay eligibility is based  on  completing
20 years of satisfactory service, and he  only  completed  18  years  and  1
month  of  satisfactory  service  creditable  toward  Reserve  retired  pay.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

________________________________________________________________

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-2007-02511
in Executive Session on 6 November 2007, under the  provisions  of  AFI  36-
2603:

                       Mr. James W. Russell, III, Panel Chair
                       Mr. Joseph D. Yount, Member
                       Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Aug 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 5 Sep 07, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Sep 07.
    Exhibit E.  Letter, Applicant, dated 1 Nov 07 {sic}.
    Exhibit F.  Letter, AFBCMR, dated 12 Oct 07.




                                   JAMES W. RUSSELL, III
                                   Panel Chair