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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