RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03203
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His retired pay be adjusted to reflect 24 years of service
rather than 22 years.
APPLICANT CONTENDS THAT:
Prior to his retirement he was told that after 30 years he would
be eligible to have his retired pay adjusted based on his pay
date rather than his Total Active Federal Military Service Date
(TAFMSD).
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
24 Aug 59.
On 31 Jul 78, the applicant was furnished an honorable
discharge, and was credited with 21 years, 6 months, and 24 days
of active service. At the time of retirement, he also had a
total of 2 years, 10 months, and 19 days of inactive service.
On 10 Jul 14, the applicant requested that the Defense Finance
and Accounting Service (DFAS) adjust his retired pay. DFAS
directed the applicant to submit an inquiry through the Air
Force Personnel Center.
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 under 10 United
States Code (USC) §8914, Twenty to thirty years: enlisted
members, which reads Under regulations to be prescribed by the
Secretary of the Air Force, an enlisted member of the Air Force
who has at least 20, but less than 30, years of service computed
under section 8925 of this title may, upon his request, be
retired. DFAS computes retired pay under the provisions of the
DoD FMR, Volume 7B, Military Pay Policy Retired Pay.
Paragraph 010202 of the FMR identifies creditable service as all
active service in the Uniformed Services and service as a cadet
or midshipman at a Service academy. The applicants service for
pay is 24 years, 5 months, 13 days, which provides for his
active and inactive service. A review of his pay record
indicates his retired pay is based on 21 years, 06 months, 24
days, which matches his active service. The applicants pay is
calculated correctly and there is no evidence of error or
injustice.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In response, the applicant reiterates that he doesnt understand
why his DD Form 214, Report of Separation from Active Duty,
reflects his total service for pay as 24 years, 5 months, and 13
days, if it wasnt to be adjusted at some future date (Exhibit
E).
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, to include his
rebuttal to the Air Force advisory, 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.
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-2014-03203 in Executive Session on 22 Apr 15, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Aug 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 21 Oct 14.
Exhibit D. Letter, SAF/MRBR, dated 11 Feb 15.
Exhibit E. Letter, Applicant, dated 18 Feb 15.
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