RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03517
            INDEX CODE:  135.03
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  4 Oct 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive active duty service credit for two years (1979-1981) of Air
Force Reserve Officer Training Corps (AFROTC)  time  while  he  was  a
member of the Simultaneous Membership Program (SMP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The Air Force has either lost or destroyed his  records,  which  would
show that he  was  compensated  for  his  drills.  He  should  not  be
penalized for  something  that  was  not  his  fault.   He  claims  he
discovered the error in Jan 05 when he became aware of the SMP concept
while on active duty in the US Army.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force for six years on 5 Aug 75  and
was administratively separated with an honorable discharge on 6 Aug 79
to enroll in an AFROTC program at  Rensselaer  Polytechnic  Institute,
Troy, NH.  He was enrolled in his AFROTC  program  from  7 Aug  79  to
13 May  81.   Since  he  had  two  years  remaining  on  his  six-year
enlistment contract when he separated to attend advanced training, the
applicant was placed on an inactive enlisted Reserve status during his
two-year AFROTC program. After successfully  completing  the  program,
the applicant was honorably discharged from USAFR enlisted  status  on
13 May 81, and was commissioned as a 2nd lieutenant in the  Air  Force
Reserve (USAFR) on 14 May 81.

The applicant entered  extended  active  duty  on  9 Oct  81.  He  was
promoted to the permanent grade of captain effective and with  a  date
of rank (DOR) 26 Jul 85.  On  28 Jan  87,  the  applicant  voluntarily
tendered his resignation with a requested effective date of 13 Jun 87.
 However, on 27 Apr 87, he accepted a date of separation of 10 Jun 87,
under the Fiscal Year 1987 (FY87) Early Release  Program.   On  10 Jun
87, the applicant was honorably discharged in  the  grade  of  captain
under AFR 36-12, Voluntary Resignation, 7-Day Option provision,  after
9 years, 8 months and 3 days of active service.

On 21 Oct 99, the AFBCMR denied the applicant’s 30 Apr 98 appeal  (BC-
1998-01357) to be either retired or reinstated with no time  lost  and
all back pay.

On 9 Jan 06, HQ AFPC/DPPOAR wrote the  applicant  clarifying  the  SMP
(Exhibit C).  They explained the SMP allows a contracted ROTC cadet to
serve in an Army Reserve or National Guard unit as an officer trainee.
SMP cadets receive on-the-job training, monthly drill  pay  equivalent
to an E-5 (sergeant), and time  in  service  for  pay  and  retirement
purposes.  SMP contracts with the Army require cadets to complete Army
ROTC first.  However, this program does not exist in the Air Force.

The applicant responded on 27 Mar 06 (Exhibit D), indicating he wanted
to proceed with his DD Form 149 application.  He added he was told  he
would get active duty credit for his ROTC time once he  completed  it.
He claimed the class before him received active duty credit for  their
Reserve time and contended the fact that he would have  been  returned
to active duty had he not successfully completed  ROTC  supported  his
point.

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AIR FORCE EVALUATION:

HQ AFPC/DPPOAR recommends denial.  The  SMP  allows  participation  in
ROTC and enlistment in the Army National Guard or Reserve at the  same
time.  Students in SMP serve as officer-trainees in a Guard or Reserve
unit and perform duties commensurate with the grade of 2nd lieutenant.
 The SMP does not exist in the Air Force.

A complete copy of the HQ AFPC/DPPOAR evaluation is at Exhibit E.

HQ AFPC/JA  recommends  denial  on  the  basis  of  untimeliness;  the
application also fails on the merits. The applicant’s claim he  was  a
member of the SMP while in the AFROTC is specious;  the  program  does
not exist in the Air Force.  Although the applicant  alleges  the  Air
Force lost or destroyed his pay records,  presumably  establishing  he
performed Reserve duty contemporaneously with his  AFROTC  enrollment,
his Air Force Reserve  retirement  points  summary  proves  otherwise.
Based on cited statutes, the applicant is  barred  from  counting  the
period of his inactive Reserve service during  his  AFROTC  tenure  in
computing the length of his active duty service.

A complete copy of the HQ AFPC/JA evaluation is at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant contends he is no longer pursuing the “SMP avenue.”   He
still believes that his ROTC time should be counted toward active duty
once he completed the program, as he was told.

A complete copy of applicant’s response is at Exhibit H.

_________________________________________________________________

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 agree with the opinion and recommendation of the Air Force
offices of primary responsibility and adopt  their  rationale  as  the
basis for our conclusion that the applicant has not been the victim of
an error or injustice. The SMP does not exist in the  Air  Force  and,
during the period in question, the applicant was an AFROTC  cadet  and
not a member of the Army National Guard or Reserve.  Further, as noted
by HQ AFPC/JA, statute bars the applicant from counting  his  inactive
Reserve service during his AFROTC tenure as  credit  for  active  duty
service,  and  he  has   not   shown   he   performed   Reserve   duty
contemporaneously  with  his  AFROTC  enrollment.  Therefore,  in  the
absence of evidence to the contrary, we find no  compelling  basis  to
recommend granting the relief sought in this appeal.

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.

_________________________________________________________________

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  this  application  in
Executive Session on 22 August 2006 under the provisions  of  AFI  36-
2603:

                 Mr. Robert H. Altman, Panel Chair
                 Mr. Wallace F. Beard, Jr., Member
                 Ms. Karen A. Holloman, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2005-03517 was considered:

   Exhibit A.  DD Form 149, dated 14 Nov 05, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAOR, dated 9 Jan 06.
   Exhibit D.  Letter, Applicant, dated 27 Mar 06.
   Exhibit E.  Letter, HQ AFPC/DPPAOR, dated 4 May 06.
   Exhibit F.  Letter, HQ AFPC/JA, dated 19 May 06.
   Exhibit G.  Letter, SAF/MRBR, dated 26 May 06.
   Exhibit H.  Letter, Applicant, dated 21 Jun 06.




                                   ROBERT H. ALTMAN
                                   Panel Chair