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AF | BCMR | CY2010 | BC-2010-04221
Original file (BC-2010-04221.txt) Auto-classification: Denied
 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04221 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be entitled to receive the special rate of basic pay (O-3E), 
based on having completed four years and one day of prior 
enlisted service or more than 1,460 points as computed under 
Title 10 United States Code (10 U.S.C.) 12732(a)(2). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His military record was audited four times in the last eight 
years by the Defense Finance and Accounting Service (DFAS) and 
the Air Force Personnel Center (AFPC) and it was determined he 
was not eligible for O-3E pay. 

 

On three prior occasions it was determined he was eligible for 
the special pay. 

 

The requirements for entitlement to the special pay rate are four 
years and one day of prior enlisted service or more than 1,460 
points creditable towards retirement. He has 1,529 points per 
his Statement of Service for Naval Reserve Retirement from 14 Jun 
91 to 13 Jun 99. 

 

In support of his request, the applicant provides copies of a 
Naval Reserve Points Summary Statement, emails pertaining to his 
pay from the Inspector General (IG), DFAS and AFPC, and Excerpts 
from Department of Defense (DoD) Financial Management Regulation 
(FMR), Volume 7A, and 10 U.S.C. 12732(a)(2). 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is currently serving on active duty in the grade of 
captain. 

 

DFAS has confirmed the debt the applicant incurred as a result of 
the erroneous special pay entitlement has been fully remitted. 

 

 


The relevant facts pertaining to this application are contained 
in the letter prepared by the appropriate office of the Air 
Force. Accordingly, there is no need to recite these facts in 
this Record of Proceedings. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIPV recommends the application be denied. DPSIPV states 
based on a review of the applicant’s request and his military 
records, he was erroneously awarded the special pay entitlement; 
thus, incurring a debt not within his control. 

 

DPSIPV states in accordance with DoD FMR, Volume 7A, Chapter 1, 
paragraph 010103 (A)(6), commissioned officers who served over 
four years of active service or were credited with more than 
1,460 points while a member of the Reserves, computed under 
10 U.S.C. 12732(a)(2), are entitled to the special rate basic pay 
for pay grades O-1E, O-2E, and O-3E. 

 

The applicant’s Statement of Service for Naval Reserve Retirement 
reflects that he has a total of 1,529 retirement points 
creditable for pay. However, according to the “Satisfactory” 
column, he only had four qualifying years with an accumulation of 
1,458 points of service for retirement purposes. The four years 
of qualifying service was actually during his active duty service 
not as a member of the Reserves. 

 

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

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 7 Jan 11, a copy of the Air Force evaluation was forwarded to 
the applicant for review and comment within 30 days. To date, a 
response has not been received (Exhibit C). 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application was timely filed. 

 

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 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 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-2010-04221 in Executive Session on 11 Aug 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was as considered: 

 

 Exhibit A. DD Form 149, dated 9 Nov 10, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIPV, dated 28 Dec 10. 

 Exhibit C. Letter, SAF/MRBR, dated 7 Jan 11. 

 

 

 

 

 Panel Chair 



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