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 applicants 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 applicants 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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