RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01316
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His retirement pay be adjusted to include his time as a term civil service employee.
APPLICANT CONTENDS THAT:
His retirement pay should be adjusted to include his thirteen months of term civil service employment as an English teacher in Iraq during the period 3 Mar 08 to 5 Apr 09.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
On 31 Aug 86, the applicant was furnished an honorable discharge and was retired, effective 1 Sep 86, and was credited with 22 years, 2 months, and 5 days of active service.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice. The applicant retired from active duty effective 1 Sep 86. His retirement order, dated 16 Apr 86, shows that he was relieved from active duty on 31 Aug 86, under 10 U.S.C. § 1405, with 22 years, 3 months, and 7 days of service. The applicant had sufficient active service for retirement under 10 U.S.C. § 8911 because he had 22 years, 2 months, and 5 days of total active federal military service (TAFMS). His retired pay is reflected correctly per 10 USC § 1405, which does not include any provision where federal civilian service can be used to compute military retired pay, and the Defense Finance Accounting Service (DFAS) reflects the retired pay as 22 years, 3 months, and 7 days. There is no adjustment in military retired pay for additional subsequent employment outside of active duty.
A complete copy of the AFPC/DPSOR 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 17 Nov 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.
FINDINGS AND CONCLUSIONS OF THE BOARD:
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-2014-01316 in Executive Session on 24 Feb 15 under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-01316 was considered:
Exhibit A. DD Form 149, dated 27 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 16 Oct 14.
Exhibit D. Letter, SAF/MRBR, dated 17 Nov 14.
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