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AF | BCMR | CY1998 | 9800334
Original file (9800334.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

JUL  2 4  838 

IN THE MATTER OF: 

DOCKET NO: 98-00334 
COUNSEL: None 

HEARING DESIRED: Yes 

Applicant  requests  that  his  Statement  of  Service  (SOS)  be 
corrected  to  reflect  continuous  service  since  24  April  1967. 
Applicant's submission is at Exhibit E. 

The appropriate  Air Force office evaluated applicant's request 
and provided  an advisory opinion to the Board  recommending the 
application  be  denied  (Exhibit C).  The  advisory  opinion  was 
forwarded to the applicant for review and response  (Exhibit D). 
Applicant's response to the advisory opinion is at Exhibit E. 

After  careful  consideration  of  applicant's  request  and  the 
available evidence  of  record, we  find  insufficient evidence  of 
error or injustice to warrant  corrective action.  The facts and 
opinions stated in the advisory opinion appear to be based on the 
evidence  of  record  and  have  not  been  sufficiently  rebutted  by 
applicant. 
Absent  persuasive  evidence  applicant  was  denied 
rights  to  which  entitled,  appropriate  regulations  were  not 
followed, or appropriate standards were not applied, we  find no 
basis to disturb the existing record. 
Accordingly, applicant's request is denied. 

The documentation provided with this case was sufficient to give 
the  Board  a  clear  understanding  of  the  issues  involved  and  a 
personal  appearance, with  or  without  legal  counsel, would  not 
have  materially  added  to  that  understanding.  Therefore,  the 
request for a hearing is not favorably considered. 
The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be reconsidered upon the presentation of new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 
Members of the Board Ms. Martha Maust, Mr. Robert W.  Zook,  and 
Mr. Kenneth L. Reinertson considered this application on 23  July 
1998  in accordance with the provisions of Air Force Instruction 
36-2603, and the governing statute, 10, U.S.C. 1552. 

Pa/nel Chair' 

Exhibits: 
A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinion 
D.  AFBCMR Ltr Forwarding Advisory Opinion 
E.  Applicant's Response 

DEPARTMENT O F  THE A I R   FORCE 

HEADQUARTERS AIR  FORCE  P E R S O N N E L  CENTER 

RANDOLPH AIR  FORCE BASE TEXAS 

M E M O W D U M  FOR AFBCMR 
FROM:  HQ AFPCDPPRR 

550 C Street West, Suite 11 
Randolph AFB TX  78150-3713 

2 March 1998 

SUBJECT Amlication for Correction of Militarv Records (DD Form 149), 

1. REQUESTED ACTION:  Applicant requests his Statement of Service 
(SOS) be corrected to reflect continuous service since 24 April 1967.  He says 
he had no break in service, therefore, the date of April 71 is erroneous. 

2.  BASIS FOR REQUEST: Applicant attended the US Military Academy in 
cadet status from 1 Jul69 to 5 Jun 73 and was commissioned at 2nd Lt in the 
Air Force on 6 Jun 73.  He states he was told this academy time would count 
for computing retirement pay and eligibility, but not active duty.  Applicant 
claims to have continued his Air Force career with the expectation he would 
be credited with these four years at the Academy upon his retirement from 
the Air Force. 

3.  FACT& 

a.  Applicant served on active duty in enlisted status in the US Army from 
27 Apr 67 to 26 Apr 70.  However, he entered the US Military Academy as a 
cadet on 1 Jul69.  He was commissioned in the Air Force upon graduation on 
6 Jun 73. 

b.  An initial SOS dated 27 Aug 73  was prepared but failed to credit, him 
with his prior enlisted Army service.  A corrected SOS was prepared at a 
dated as 18 Jan a instead of  18 Jan 74. 
later date which did credit him with this time, but this SO$ was erroneously 
c.  The corrected SOS did not credit the applicant with his cadet service at 
the US Military Academy in accordance with Title 10 USC 971 (b).  This law 
prohibits the counting of service performed as a cadet or midshipman for any 
purpose to an officer.  Therefore, the total active federal military service date 
(TAFMSD) was correctly established as 2 Apr 71. 

4.  DISCUSSION  The corrected SOS  does have a typographical error in the 
preparation date.  It should have shown the year as 74 instead of 73. 
However, this fact  does not make it a forgery or altered document as the 
applicant claims.  He also states it should be discounted because it is not an 
original.  In this day and time, all Air Force master personnel military 
records are maintained on Microfiche.  There are no original paper 
documents on file in the records.  Only a copy of his SOS could be provided to 
the applicant.  However, the service dates recorded on this corrected SOS are 
computed correctly and accurately updated in the Personnel Data System. 

5.  RECOMMENDATION:  Recommend denial of applicant’s request based 
upon Title 10 USC 971.  This law is routinely applied to calculate service 
dates for all retiring Air Force officers who attended a service academy as a 
cadet or midshipman. 

Chief, Retirements Branch 
Directorate of Personnel Program Mgmt 



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