RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00376
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His two years of service at the United States Coast Guard Academy (USCGA) be included in the calculation of his retirement pay.
APPLICANT CONTENDS THAT:
The time he spent at the USCGA was not included in the calculation of his retirement pay. In accordance with a news article on StatesmanJournal.com, years spent at military academies are counted toward pensions.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
According to the documentation submitted by the applicant, he entered the USCGA as a cadet on 6 Jul 54 and voluntarily resigned under Honorable conditions on 20 Jul 56.
The applicant initially entered the Regular Air Force on 20 Apr 59.
On 1 Jun 81, the applicant retired, and was credited with 22 years, 1 month, and 11 days of total active service.
The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D.
AIR FORCE EVALUATION:
AFPC/DPSIPV recommends denial indicating there is no evidence of an error or an injustice. The applicant received a commission as a Second Lieutenant in the Air Force Reserve on 20 Mar 59 and entered active duty on 20 Apr 59. Once he was commissioned, in accordance with Title 10, United States Code (USC), §971, time at an academy as a cadet is not creditable for retirement. There has been no official change to Title 10 or Title 38 to allow academy credit for an officer.
A complete copy of the AFPC/DPSIPV evaluation, with attachments, is at Exhibit C.
AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice. Retired pay is calculated based on creditable service outlined in Title 10, USC, §1405, Years of Service. This service is documented on a Service members retirement order and transmitted to the Defense Finance and Accounting Service (DFAS) upon retirement for use in calculating retired pay. The multiplier used to calculate the applicants retired pay is based upon 22 years, 1 month, and 12 days of creditable service. The applicants Retirement Order AC-004717, dated 27 Mar 81, reflects his service per Title 10, USC, §1405 as 22 years, 1 month, and 12 days. The applicants retired pay is calculated correctly.
A complete copy of the AFPC/DPSOR evaluation, with attachment, is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 28 Jul 14 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office.
FINDINGS AND CONCLUSIONS:
After careful consideration of applicants request and the available evidence of record, we find the application untimely. Applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603. Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the applicants failure to file in a timely manner.
THE BOARD DETERMINES THAT:
The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely.
The following members of the Board considered AFBCMR Docket Number BC-2014-00376 in Executive Session on 11 Dec 14 under the provisions of AFI 36-2603:
Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Jan 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIPV, dated 19 Feb 14, w/atchs.
Exhibit D. Memorandum, AFPC/DPSOR, dated 20 Apr 14, w/atch.
Exhibit E. Letter, SAF/MRBR, dated 28 Jul 14.
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