AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00600
COUNSEL: NONE
HEARING DESIRED: YES
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
His honorable discharge be changed to a Reserve retirement.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was transferred to the Civil Air Patrol for two years which
was not included in his satisfactory service credit.
He did not request his discharge because of his pending
disability claim with the Department of Veterans Affairs (DVA).
In support of his request, the applicant provides a personal
statement, copies of his DD Form 215, Correction to DD Form 214
Certificate of Release or Discharge from Active Duty; DD Form
256AF, Honorable Discharge Certificate; AF Form 526, ANG/USAFR
Point Credit Summary; AF Form 1887, Request and Authorization
for Aeronautical Orders, DVA Statement of Patient’s Treatment
and various other documents associated with his request.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 31 Mar 2000, the applicant was honorably discharged in the
grade of lieutenant colonel (Lt Col, O-5) via Reserve Order CB-
67.
According to DVA Statement of Patient’s Treatment, the applicant
received a 100 percent service connected disability rating from
the DVA.
The remaining relevant facts pertaining to this application,
extracted from the applicant's available military records, are
contained in the letter prepared by the appropriate office of
the Air Force Office of Primary Responsibility (OPR).
Accordingly, there is no need to recite these facts in this
Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states under Concurrent
Retirement and Disability Pay (CRDP), a member rated at least
50 percent by the DVA can receive compensation from the DVA and
not have that amount reduced from their military retirement. To
establish eligibility for Reserve retired pay, a member must
complete 20 years of satisfactory service. However, according
to DPTT records, the applicant did not complete 20 years of
satisfactory service; therefore, he is not eligible for Reserve
retired pay or CRDP. His military records indicate he completed
17 years, 6 months, and 15 days of satisfactory service as of
31 March 2000, the date of his discharge from the United States
Air Force Reserves. Documentation to show he participated in
the Civil Air Patrol is not available and not included in his
satisfactory service.
The complete DPTT evaluation, with attachment, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 20 Sep 2012, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. As of
this date, no response has been received by this office (Exhibit
D).
________________________________________________________________
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 its
rationale as the basis for our conclusion 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.
2
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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 this application
in Executive Session on 7 Nov 2012, under the provisions of AFI
36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered in AFBCMR BC-
2012-00600:
Exhibit A. DD Form 149, dated 1 Aug 2011, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 20 Sep 2012, atch.
Exhibit D. Letter, SAF/MRBR, dated 20 Sep 2012.
Panel Chair
3
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