RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-04313	

	(DECEASED)			COUNSEL:  NONE 
	APPLICANT: 
				HEARING DESIRED: YES

________________________________________________________________

APPLICANT REQUESTS THAT:

His deceased father’s military retired pay record be corrected 
to add 36 days of U.S. Army Reserve service and his mother 
receive all back pay and benefits resulting from the corrected 
military retired pay records.  

________________________________________________________________

APPLICANT CONTENDS THAT:

His father originally enlisted in the U.S. Army Infantry 
Enlisted Recruit Corps (INF-ERC) on 5 July 1950 and received an 
honorable discharge on 10 August 1950.  He enlisted in the U.S. 
Air Force on 11 August 1950.  His Air Force retirement order 
does not reflect the period of his Army enlistment.

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

________________________________________________________________

STATEMENT OF FACTS:

Information submitted by the applicant reflects the decedent 
retired from the Regular Air Force effective 11 July 1973 in the 
grade of Senior Master Sergeant, E-8, and died on 
1 September 2002.  

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIPV states in accordance with Title 10 U.S.C. 1405, 
Years of Service, enlisted members did not receive credit for 
their inactive reserve service for retirement pay until 
5 October 1994.  If the time were creditable, the decedent would 
have been credited with membership points for his service and 
would have been credited with 1 day of active duty.  

The complete DPSIPV evaluation is at Exhibit C.

DFAS-CL states at retirement, the decedent was credited with 22 
years, 11 months and 20 days of service.  Adding 36 Reserve days 
to his service for BP (basic pay) would give him 23 years and 26 
days for BP.  Since he was already credited with over 22 years, 
there would be no change for retired pay.  The 36 Reserve days 
would have equaled 1 day of active duty and would not change the 
percentage of his retirement pay.  

The complete DFAS-CL evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force advisories were mailed to the applicant 
on 22 April 2013 for review and comment within 30 days 
(Exhibit E).  To date, a response has not been received.

________________________________________________________________

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 a review 
of the evidence of record and the applicant’s complete 
submission we believe that relief is warranted.  The Board notes 
that the Air Force office of primary responsibility and the 
Defense Finance and Accounting Service state that based on the 
applicant’s submission; it appears the decedent did serve 36 
days in the Army Reserves prior to his enlistment in the Air 
Force.  Based on this evidence, we believe a change in his 
record is warranted.  However, since this correction does not 
change his retired pay percentage, the applicant’s request for 
back pay and benefits is not possible. Therefore, we recommend 
his records be corrected as indicated below.  

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 RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to reflect that the DD 
Form 214, Armed Forces of the United States Report of Transfer 
or Discharge, issued in conjunction with his 31 July 1973, 
retirement, be amended in Item 30, Remarks, to reflect  36 days 
of inactive Reserve service from 5 July 1950 through 
10 August 1950.  

________________________________________________________________

The following members of the Board considered this application 
in Executive Session on 18 June 2013, under the provisions of 
AFI 36-2603:

			, Panel Chair
      , Member
			, Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-04313 was considered:

    Exhibit A.  DD Form 149, dated 12 Sep 12, w/atchs.
    Exhibit C.  Letter, AFPC/DPSIPV, dated 16 Nov 12, w/atchs.
    Exhibit D.  Message, DFAS-CL, dated 22 Mar 13.
    Exhibit E.  Letter, SAF/MRBR, dated 22 Apr 13.




							
								Panel Chair





AFBCMR
1500 West Perimeter Road, Suite 3700
Joint Base Andrews NAF Washington, MD 20762




Dear:

	Reference your application submitted under the provisions of AFI 36-2603 (Section 1552, 10 
USC), AFBCMR Docket Number BC-2012-04313.

	After careful consideration of your application and military records, the Board determined the 
decedent’s military records should be corrected to show 36 days of inactive Reserve service from 5 July 
1950 through 10 August 1950.  The office responsible for making the correction will inform you when his 
records have been changed.

	After correction, the records will be reviewed to determine if you are entitled to any monetary 
benefits as a result of the correction of records.  This determination is made by the Defense Finance and 
Accounting Service (DFAS-IN), Indianapolis, Indiana, and involves the assembly and careful checking of 
finance records.  It may also be necessary for the DFAS-IN to communicate directly with you to obtain 
additional information to ensure the proper settlement of your claim.  Because of the number and 
complexity of claims workload, you should expect some delay.  We assure you, however, that every effort 
will be made to conclude this matter at the earliest practical date.

	Notwithstanding the above decision, the Board determined the evidence you presented did not 
demonstrate the existence of material error or injustice to warrant favorable consideration of the 
remainder of your requests.  Accordingly, the Board denied these portions of your application.


	BY DIRECTION OF THE PANEL CHAIR




				                                   
				                                   Chief Examiner
				                                   Air Force Board for Correction
				                                   of Military Records

Attachments:
1. Record of Board Proceedings
2. Directive
cc: DFAS-IN 


AFBCMR BC-2012-04313




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 it is directed that:

	The pertinent military records of the Department of the Air Force relating to , be corrected 
to reflect that the DD Form 214, Armed Forces of the United States Report of Transfer or 
Discharge, issued in conjunction with his 31 July 1973, retirement, be and hereby is, amended in 
Item 30, Remarks, to reflect 36 days of inactive Reserve service from 5 July 1950 through 10 
August 1950..  




                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency










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DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC


Office of the Assistant Secretary