RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02795
COUNSEL:
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be corrected to reflect his time as a student at the
Uniformed Services University of Health Sciences (USUHS).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His service in USUHS in the remarks section (Item 18) of the DD
Form 214 would serve the purpose of validating his active
service.
In support of his appeal, the applicant provides copies of an
AFPC/DPSIPV letter, dated 17 September 2010, with attachments;
his DD Form 214; an electronic communication from his counsel;
and an Office of the Assistant Secretary of Defense (OASD)
letter, dated 1 July 2002, Subject: Credit for Time at the
Uniformed Services University of the Health Sciences (USUHS) in
Computing Military Retired and Retainer Pay.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was administered the Oath of Office as a Reserve
Officer in the Medical Service Corps on 7 September 1976 as a
participant in the USUHS. He completed the program on 23 May
1980 and entered extended active duty on 24 May 1980.
The applicant was honorably discharged effective 26 August 1989
in the grade of major (O-4), after serving nine years and seven
months on active duty. His narrative reason for separation was
voluntary resignation under the 7-day option program.
The remaining relevant facts, extracted from the applicants
service record, are contained in the evaluation provided by the
Air Force offices of primary responsibility at Exhibits C and D.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIPV recommends denial. DPSIPV states that based on the
law, time served as a member in USUHS is not creditable service
for retirement eligibility. Therefore, the applicant is not
entitled to receive active duty credit towards his total federal
active duty service. During the applicants period of active
duty from 24 May 1980 to 26 August 1989, his pay date was
credited for his time in USUHS in accordance with the Department
of Defense (DoD) Financial Management Regulation (FMR), Chapter
1, paragraph 010101.E.1.b. Per the FMR reference, some medical
and dental officers are entitled to extra credit for longevity
(pay) purpose to reflect the time spent in medical or dental
school. The applicant met the requirement in subparagraph
010101.E.b which indicates on September 14, 1981, the individual
was enrolled either in the Armed Forces Health Professions
Scholarship Program or the Uniformed Services University of
Health Sciences, completed that program, and was appointed as a
medical or dental officer. However, in accordance with Title
10, United States Code (USC), Section 2126, he was not given
active duty credit on his DD Form 214 because time spent in USUHS
is not counted in determining eligibility towards retirement.
The complete DPSIPV evaluation, with attachments, is at Exhibit
C.
AFPC/DPSOY recommends denial. DPSOY states that the applicants
DD Form 214 indicates in Block 12e, 10 years, 5 months, and
2 days inactive time. Based on his Statement of Service form,
Block 12e is correct. There is not an approved remark to add
USUHS time in Block 18 as with United States Air Force Cadets in
Air Force Instruction 36-3202, Table 4. At the time of the
applicants service and per the statement of service form, USUHS
time is not considered active duty. If this request was granted,
it would set a precedence for all other USUHS members to have
this remark added to their DD Form 214. The applicant should be
able to provide his Statement of Service form to any requesting
agency for proof of service.
The complete DPSOY evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 24 February 2012, for review and comment within
30 days (Exhibit E). As of this date, this office has received
no response.
_________________________________________________________________
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 an error or an injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinions and
recommendations of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our
conclusion the applicant has not been the victim of an error or
injustice. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the relief
sought in this application.
_________________________________________________________________
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-2010-02795 in Executive Session on 28 June 2012, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2010-02795:
Exhibit A. DD Form 149, dated 8 Nov 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIPV, dated 23 Jan 12, w/atchs.
Exhibit D. Letter, AFPC/DPSOY, dated 8 Feb 12.
Exhibit E. Letter, SAF/MRBR, dated 24 Feb 12.
Panel Chair
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