RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00847
COUNSEL: NONE INDICATED
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His records be corrected to reflect an additional 190 points credited towards retirement for the period 15 October 1989 through 15 October 1993.
APPLICANT CONTENDS THAT:
His retirement points have been erroneously calculated. He did not receive full credit for all of his active duty or he was not credited with all awarded extension course institute (ECI) points. He should have a total of 3058 points towards retirement; however, he only has a total of 2868 points. He is getting close to retiring and would like to be credited with all earned points towards retirement and it properly reflected on his point summary.
The applicants complete submission, with attachment, is at Exhibit A.
STATEMENT OF FACTS:
The applicant is currently serving in the Air Force Reserve in the grade of staff sergeant (E-5).
According to documentation submitted by the applicant from the Military Personnel Data System (MilPDS), the applicant had a total of 3058 total service points and 2868 points towards retirement.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
ARPC/DPTS recommends denial. The applicants request is prohibited by Department of Defense Instruction (DoDI) 1215.07, Service Credit for Non-Regular Retirement, due to retirement point credit limitations. While the applicant contends he should have a total of 3058 points towards retirement, he actually has 3058 career total points, and a total of 2868 points towards retirement, which is a difference of 190 points. The 190 points the applicant wants added to his total retirement points are those that exceeded the 60 point inactive duty points limit for anniversary years closing before 23 September 1996, per Title 10 U.S.C. 12733, Computation of retired pay: computation of years of service, expanded in DoDI 1215.07. The applicants retirement points and career total points are accurate and the inactive duty training points restriction captured in Title 10 U.S.C. 12733 was correctly applied to the members anniversary years ending before 23 September 1996. As such, granting the applicants request would be contrary to Public Law.
A complete copy of the ARPC/DPTS evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 22 September 2014 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 an error or injustice. We took notice of the applicants 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
4. The applicants 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 issues involved. Therefore, the request for a hearing is not favorably considered.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2014-00847 in Executive Session on 6 January 2015, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 February 2014, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTS, dated 26 March 2014.
Exhibit D. Letter, SAF/MRBR, dated 22 September 2014.
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