RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01911

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


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APPLICANT REQUESTS THAT:

1.  His pay date be changed to reflect 24 Jun 01, rather than 
29 May 02.

2.  His Total Active Federal Military Service Date (TAFMSD) be 
changed to reflect 26 Jun 01 rather than 29 May 02.

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APPLICANT CONTENDS THAT:

He was not properly counseled at the United States Air Force 
Academy (USAFA) regarding his pay dates.  He was not notified of 
the change in his pay dates or of the $12,491.54 debt he 
incurred as a result of these changes. 

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

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STATEMENT OF FACTS:

While attending the USAFA, the applicant was placed on medical 
turnback and in a leave without pay and allowance status from 
18 Jul 97 to 30 Jun 98.  The applicant was returned to USAFA 
cadet status on 2 Jul 98.  On 29 May 02, he was commissioned and 
entered active duty upon his graduation.

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility, which is attached at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPSIPV recommends denial indicating there is no evidence of 
an error or an injustice.  The applicant contends the staff at 
the USAFA miscounseled him regarding his service dates.  
However, according to the evidence of record, the applicant was 
on medical turnback status and cannot receive service credit for 
this time since USAFA cadet time is not creditable in a 
commissioned status per USC Title 10, Subtitle A, Part II, 
Chapter 49 Section 971, Service Credit.  While the applicant was 
on medical turnback status, he was not serving in any capacity 
and was not physically at the USAFA.  The applicant’s time on 
medical turnback was mistaken as attendance at USAFA Preparatory 
School, which is creditable as enlisted active duty service.  On 
2 Feb 11, the applicant contacted the Air Force Personnel Center 
(DPSIPV) to inform them that he had never attended the USAFA 
Preparatory School.  After USAFA confirmed the applicant had not 
attended the Preparatory School, AFPC/DPSIPV corrected his 
service dates to remove the credit erroneously granted him.  The 
applicant alleges he was not directly notified of the debt he 
incurred as a result of these corrections to his service dates; 
however, during his conversation with the AFPC/DPSIPV staff, the 
applicant would have been informed that the removal of the 
enlisted time would change his TAFMSD, pay date, and the that he 
would possibly incur a debt.  Additionally, his Leave and 
Earning Statements (LES) between Mar 11 and Dec 11 noted the 
debt in the remarks area.  The Mar 11 LES further noted the 
change in his pay date and that the debt repayment had been 
suspended.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 17 Jun 13 for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice with respect 
to the applicant’s requests pertaining to his service dates.  We 
took notice of the applicant's 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 
and adopt its rationale as the basis for our conclusion the 
applicant has not been the victim of an error or injustice.  As 
for the portion of his request regarding the debt he incurred, 
we have been advised by SAF/FMP that said debt has been waived.  
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting any relief beyond that rendered 
administratively.

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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.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-01911 in Executive Session on 8 Apr 14, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 9 Apr 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPSIPV, dated 13 May 13.
	Exhibit D.  Letter, SAF/MRBR, dated 17 Jun 13.




                                   
                                   Panel Chair