RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  02-00079
            INDEX CODE 102.08
            COUNSEL:  None

            HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

He be credited with active duty service towards  retirement  for  time
spent in the Reserve Officer Training Corps (ROTC).

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant's military records, are contained in the letters prepared by
the appropriate office of the Air Force.

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AIR FORCE EVALUATION:

HQ ARPC/DPP  advised  that  time  spent  in  the  ROTC  is  considered
noncreditable for points and service unless the member participated in
a Simultaneous Membership Program (SMP) on or after 1 Aug 79.  Service
is only creditable while in the 'Senior ROTC  Program'  and  having  a
concurrent enlistment. Completion  of  the  ROTC  Basic  Camp  by  the
applicant only fulfilled the prerequisite for entry  into  the  senior
division ROTC program.  He participated in the ROTC prior to 1 Aug  79
and there is no evidence of participation  in  a  SMP  or  the  senior
division ROTC program.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant asserts he was in an  SMP  and  did  have  a  concurrent
enlistment. He completed two commissioning programs at the  same  time
but was obligated to the Platoon  Leaders  Class,  Officers  Candidate
School (PLC/OCS) program.

A complete copy  of  applicant’s  response,  with  attachment,  is  at
Exhibit E.

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ADDITIONAL AIR FORCE EVALUATION:

HQ ARPC/DPP advises that the time frame for  which  the  applicant  is
requesting credit of retirement points is before  Public  Law  104-201
was  effective  (23  Sep  96)  and,  most  importantly,   before   the
retroactive date (1 Aug 79) stipulated by the  amendment.  Whether  he
attended the Army, Navy or Marine  Officer’s  Training  Corps  is  not
significant in this case. The question of whether he  attended  Junior
or Senior ROTC does not matter. Even  the  lack  of  documentation  of
enlistment to a Reserve unit is inconsequential.  The important factor
is the date the provision for credit was retroactive (1 Aug  79).  The
entire rebuttal, previous to his commission date, addresses  the  time
period before the public law provided credit in  the  SMP.  Denial  is
still recommended.

A complete copy of the additional evaluation, with attachment,  is  at
Exhibit F.

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APPLICANT'S REVIEW OF ADDITIONAL EVALUATION:

A complete copy of the additional  evaluation  was  forwarded  to  the
applicant on 7 Jun 02 for review and comment within 30  days.   As  of
this date, this office has received no response.

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THE BOARD CONCLUDES THAT:

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

2.    The applicant was timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  After a thorough review  of  the
evidence of record and applicant’s submission, we  are  not  persuaded
that he should be credited with active duty service for time spent  in
the ROTC. Applicant’s contentions are duly noted; however, we  do  not
find these assertions, in and by themselves,  sufficiently  persuasive
to override the rationale provided by the Air Force.  The  applicant’s
contentions appear moot  because  the  time  frame  for  which  he  is
requesting credit is before 1 Aug 79, the retroactive date  stipulated
by Public Law 104-201. We therefore agree with the recommendations  of
the Air Force and adopt the rationale expressed as the basis  for  our
decision that the applicant has failed to sustain his burden of having
suffered either an error or an injustice. Therefore, absent persuasive
evidence to the contrary, we find no  compelling  basis  to  recommend
granting the relief sought.

4.    The applicant’s case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that 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  this  application  in
Executive Session on 24 July 2002 under the provisions of AFI 36-2603:

                 Mr. Roscoe Hinton, Jr., Panel Chair
                 Mr. John E. B. Smith, Member
                 Mr. James W. Russell III, Member

The following documentary evidence relating to AFBCMR Docket Number 02-
00079 was considered:

   Exhibit A.  DD Form 149, dated 4 Jan 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/DPP, dated 28 Feb 02
   Exhibit D.  Letter, SAF/MRBR, dated 8 Mar 02.
   Exhibit E.  Letter, Applicant, 29 Mar 02, w/atch.
   Exhibit F.  Letter, HQ ARPC/DPP, dated 24 May 02, w/atch.
   Exhibit G.  Letter, SAF/MRBR, dated 7 Jun 02.




                                   ROSCOE HINTON, JR.
                                   Panel Chair