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 applicants 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 applicants 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 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. 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.
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