RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03318
INDEX CODE: 110.01
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 1 MAY 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, dated 29 Feb 96, Block 12a, Date Entered Active Duty (AD)
should reflect 25 Jun 79, rather than 1 Jun 83.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He entered the US Air Force Academy (USAFA) on 25 Jun 79 and was
commissioned upon graduation on 1 Jun 83. His DD Form 214
incorrectly lists the date of commission as the date he entered
active duty. Per 10 USC 101 (d) (1): The term “active duty” means
full-time duty in the active military service of the United States.
Such term includes full-time training duty, annual training duty,
and attendance while in the active military service, at a school
designated as a service school by or by the Secretary of the
military department concerned. This term is consistent throughout
relevant laws including 37 USC Sec 101, 26 USC Sec 3121, and 38 USC
Sec 101. Since there was no break in active service, his DD Form
214, should reflect the date he entered active duty as the date he
entered the USAFA.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant was commissioned and entered extended active duty (EAD)
on 1 Jun 83. He was progressively promoted to the grade of major
with an effective date and date of rank (DOR) of 1 Jun 87. He was
honorably discharged on 29 Feb 96 under the provisions of AFI 36-
3207, with a reason for separation of Non-selection, permanent
promotion. He was credited with 12 years and 9 months of active
duty service.
On 10 Mar 06, his DD Form 214 was administratively corrected to
reflect in Item 18, Remarks, “Attended USAF Academy in cadet status
25 Jun 79 to 1 Jun 83. Service is not creditable for any purpose
in commissioned officer status.”
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/JA reviewed this application and recommended denial,
stating, in part, applicant’s request runs squarely in the specific
statutory prohibition of Title 10, Section 971, which directly
prohibits using time cadets serve at a military academy from being
use for any purpose in computing length of service.
The controlling provisions from Title 10, Section 971 provide as
follows:
“(a) Prohibition on Counting Enlisted Service Performed While
at Service Academy or in Naval Reserve. The period of service
under an enlistment or period of obligated service while also
performing service as a cadet or midshipman…may not be counted in
computing, for any purpose, the length of service of an officer of
an armed force…”
“(b) Prohibition on Counting Service as a Cadet or
Midshipman. In computing length of service for any purpose,
service as a cadet or midshipman may not be credited to any of the
following officers:…(2) A commissioned officer of the Army or the
Air Force…”
A complete copy of the evaluation, with attachments, is at Exhibit
C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 17 Mar 2006 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
___________________________________________________________________
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 error or injustice. We took notice of
the applicant's complete submission in judging the merits of the
case; however, we found no evidence that the applicant’s service
time was miscalculated or that it was not computed in accordance
with the applicable laws and statutes. Title 10 USC Section 971
directly prohibits using time cadets serve at a military academy
for the purposes of computing length of service. The appropriate
Air Force office has addressed the issue presented by the applicant
and we are in agreement with its opinion and recommendation.
Therefore, we 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 injustice. In the absence of
persuasive evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this
___________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of 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.
___________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2005-03318 in Executive Session on 24 May 2006, under the
provisions of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Mr. Reginald P. Howard, Member
Mr. James A. Wolffe, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Oct 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/JA, dated 13 Dec 05, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 17 Mar 06.
MICHAEL J. NOVEL
Panel Chair
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