Search Decisions

Decision Text

AF | BCMR | CY2014 | BC 2014 01489
Original file (BC 2014 01489.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01489

					COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His date of creditable service for pay purposes be changed from 
20 Sep 73 to 23 Jul 73.


APPLICANT CONTENDS THAT:

His pay date currently reflects his active duty enlistment, but 
should have been calculated to include the time he served under 
the Delayed Enlistment Program (DEP).

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 20 Sep 
1973.

On 30 Sep 93, the applicant retired from the Air Force and was 
credited with 20 years and 11 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’s retired pay plan is 
based upon 10 USC § 1406, Retired pay base for members who first 
became members before 8 Sep 80:  final basic pay.  The Date 
initially Entered Military Service (DIEMS) is 26 Jul 73.  The 
retired pay multiplier is based upon Total Active Duty Service 
and Inactive Reserve points creditable for retirement, referred 
to as the 10 USC § 1405 service date.  Service for basic pay is 
not used to determine the percentage received in retired pay.  

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 4 Aug 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 applicant’s 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 applicant’s failure to file in a timely 
manner.  With respect to his request for his military personnel 
records, inasmuch as the Board is not the custodian for such 
records, it is suggested the applicant contact the National 
Personnel Records Center (NPRC) to request copies of his 
records.


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-2014-01489 in Executive Session on 19 Mar 15, under 
the provisions of AFI 36-2603:




The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-01489 was considered:

	Exhibit A.  DD Form 149, dated 1 Apr 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 14 May 14.
	Exhibit D.  Letter, SAF/MRBR, dated 4 Aug 14.

						

Similar Decisions

  • AF | BCMR | CY2014 | BC 2014 02215

    Original file (BC 2014 02215.txt) Auto-classification: Denied

    AIR FORCE EVALUATION: AFPC/DPSOR recommends denial stating the request is not timely and that there is no evidence of an error or injustice. The applicant held the grade of TSgt at the time of retirement and his records and retired pay are correct. § 8961(b), Retired Grade, General Rule, unless entitled to a higher grade under some other provision of law, enlisted members of the Regular forces retired for other than disability, retire in the Regular grade held on the date of retirement.

  • AF | BCMR | CY2014 | BC 2014 00391

    Original file (BC 2014 00391.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00391 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be credited with six years, two months, and five days of total active service on his DD Form 214, Certificate of Release or Discharge from Active Duty. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR),...

  • AF | BCMR | CY2014 | BC 2014 01316

    Original file (BC 2014 01316.txt) Auto-classification: Denied

    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. 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...

  • AF | BCMR | CY2014 | BC 2014 02989

    Original file (BC 2014 02989.txt) Auto-classification: Denied

    APPLICANT CONTENDS THAT: Block 18, on his DD Form 214 indicates he is “Subject to recall to active duty by the Secretary of the Air Force.” However, since he was selected for early retirement under 10 USC §638, this statement does not fully reflect 10 USC §688 nor AFI 36- 3207, Separating Commissioned Officers, Chapter 2, paragraph 2.16 which states, “Officers retired by selective early retirement board (SERB) under 10 USC §638 are not recalled to active duty unless by Congress or the...

  • AF | BCMR | CY2014 | BC 2014 00376

    Original file (BC 2014 00376.txt) Auto-classification: Denied

    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. Retired pay is calculated based on creditable service outlined in Title 10, USC, §1405, Years of Service. Exhibit E. Letter, SAF/MRBR, dated 28 Jul 14.

  • AF | BCMR | CY2014 | BC 2014 00905

    Original file (BC 2014 00905.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00905 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, Block 28, Narrative Reason for Separation, be corrected to reflect “Reduction in Force”. It has been 22 years since the applicant separated. We have carefully reviewed applicant's submission and the entire record, and we do not find a...

  • AF | BCMR | CY2014 | BC 2014 00700

    Original file (BC 2014 00700.txt) Auto-classification: Denied

    APPLICANT CONTENDS THAT: While he did not complete the required paperwork prior to the end of TERA, he wants public service credit for his years of work in the Public and Community arena for the recomputation of his retired pay. However, service members were required to register for the program prior to retirement and there are no provisions under law to retroactively register for employment in public or community service organizations. The evidence provided indicates the applicant was...

  • AF | BCMR | CY2014 | BC 2014 01003

    Original file (BC 2014 01003.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01003 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He receive active duty credit for the period of time he spent in the Army National Guard (ANG) prior to enlisting in the Air Force. 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...

  • AF | BCMR | CY2014 | BC 2014 01878

    Original file (BC 2014 01878.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01878 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be awarded the Vietnam Service Medal (VSM) and the Republic of Vietnam Gallantry Cross with Palm (RVGC w/P). The applicant served on active duty from 21 Sep 73 through 7 Nov 80, which is after the eligibility dates for award of the VSM or the RVGC w/P. Further, after a thorough review of the applicant’s...

  • AF | BCMR | CY2014 | BC 2014 03696

    Original file (BC 2014 03696.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03696 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, reflect his assignments to Vietnam and his combat flight missions. 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...