RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2009-01193
		COUNSEL:  
		HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

He be credited with 25 years, 7 months and 16 days of creditable service for pay purposes as reflected on his DD form 214 and retirement order.

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APPLICANT CONTENDS THAT:

He did not realize his retired pay was being calculated based on the wrong year group; it should have been calculated based on the over 25 years of creditable service versus the 20 years he served on active duty.  He served in the Air Force Reserve for over     5 years. 

In support of his request, he provides a personal statement, a copy of a letter from the Defense Finance and Accounting Service (DFAS), a copy of his DD Forms 214, a copy of his retirement order, and documentation from his official military personnel and pay records.  

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Air Force Reserve (AFR) on 12 July 1941 and was honorably discharged on 5 March 1942.  The applicant was subsequently commissioned on 6 March 1942.  On 31 January 1951 he was called to extended active duty (EAD) and was progressively promoted to the grade of major, having assumed that grade effective and with a date of rank of 15 April 1954.    On       31 January 1958, the applicant was affected by the Reduction in Force (RIF) and received an honorable discharged after having served over 10 years active commissioned time.    

The applicant enlisted in the AFR on 31 March 1958.  His total active service time was 20 years and 1 month.  His creditable service for basic pay purposes is 25 years, 7 months, and       16 days.  The applicant qualified for an active duty retirement and was retired with an effective date of 28 February 1967 in the highest grade held which was major (0-4).  

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AIR FORCE EVALUATION:

AFPC/DPSIPV recommends approval.  DPSIPV states the applicant’s pay records should be corrected to reflect his actual amount of credited service time for retirement pay purposes, if it is less than 25 years, 7 months, and 16 days.  DPSIPV reviewed and verified the amount of credited service time to be 25 years,     7 months, and 16 days, as reflected on the applicant’s retirement order and DD Form 214 to be correct.  DPSIPV also states that DFAS said they cannot make the change the applicant requests due to it being directly related to his official military records.

The complete DPSIPV evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s representative reviewed the Air Force evaluation and replied with no comments or questions.  

A complete copy of the applicant’s review is at Exhibit E.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After carefully reviewing the evidence of record, we are persuaded the applicant is entitled to reimbursement for the correct years of creditable service as requested for retirement pay purposes.  In this respect, it appears the applicant’s reserve service may not have been calculated into his retired pay.  Therefore, we believe the applicant should be paid for the amount of years of creditable service he earned, effective the date of his retirement.  For that reason, 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 he has been the victim of an error or injustice.  Accordingly, we recommend the records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that:

      a. At the time of his retirement, 28 February 1967 and subsequent thereto, timely claims to correct his pay records were submitted and approved by competent authority.  

	b.	His pay records were corrected at the time of his retirement to reflect he had 25 years, 7 months, and 16 days of creditable service and not 20 years and 1 month of creditable service.

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The following members of the Board considered AFBCMR Docket Number BC-2009-01193 in Executive Session on 16 June 2009, under the provisions of AFI 36-2603:

, Vice Chair
, Member
, Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 March 2009, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIPV, dated 22 April 2009.
    Exhibit D.  Letter, SAF/MRBR, dated 1 May 2009.
    Exhibit E.  Letter, Representative, 14 May 2009.




					
								Vice Chair















AFBCMR BC-2009-01193




MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

		The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that:

		a.  At the time of his retirement, 28 February 1967 and subsequent thereto, timely claims to correct his pay records were submitted and approved by competent authority.  

		b.  His pay records were corrected at the time of his retirement to reflect he had       25 years, 7 months, and 16 days of creditable service and not 20 years and 1 month of creditable service.
 




                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency