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AF | BCMR | CY2012 | BC-2012-01291
Original file (BC-2012-01291.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

DOCKET NUMBER:  BC-2012-01291 
COUNSEL:  NONE 
HEARING DESIRED:  YES 

 
 
IN THE MATTER OF: 
 
     
 
     
 
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
Block  12c  of  her  DD Form  214,  Certificate  of  Release  or 
Discharge  from  Active  Duty,  be  corrected  to  reflect  she  was 
credited with seven years of active service, rather than three.  
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
The years she spent at the Uniformed Services University of the 
Health  Sciences  (USUHS)  should  be  credited  as  active  service 
based upon the pay and benefits she received during that period.  
This  change  will  allow  her  to  transfer  her  GI  Bill  to  her 
daughter.   
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The  applicant  served  as  a  student  at  USUHS  during  the  period 
8 Feb  04  to  16  May  08  and  entered  active  military  service  on 
17 May 08. 
 
On  23  Oct  11,  she  was  permanently  retired  as  the  result  of  a 
physical  disability  and  was  credited  with  three  years,  five 
months, and seven days of active service.   
 
The remaining relevant facts pertaining to this application are 
described  in  the  letter  prepared  by  the  Air  Force  office  of 
primary responsibility which is included at Exhibit C. 
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSIPV  recommends  denial,  indicating  there  is  no  evidence 
of an error or injustice.  The applicant requests the period of 
time  she  served  as  a  student  at  USUHS  be  documented  as  active 

duty time on her DD Form 214.  However, the applicant signed a 
USUHS  Military  Service  Obligation  Contract  on  28 Jan 04,  which 
states  “while  in  the  program,  officers  are  not  on  the  active 
duty  roster  of  any  service  and,  consequently  are  not  eligible 
for  promotion;  moreover,  such  service  is  not  counted:  a.  In 
determining eligibility for retirement, other than by reason of 
a physical disability incurred while on active duty as a member 
of  the  program;  and  b.  In  computing  year  of  service  creditable 
for  basic  pay.”    Therefore,  IAW  Title  10,  USC  §  2126,  she  was 
not credited with active service on her DD Form 214 for the time 
spent  in  USUHS  as  such  time  is  not  creditable  towards 
retirement.   
 
A complete copy of the AFPC/DPSIPV evaluation is at Exhibit C. 
 
________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
A  copy  of  the  Air  Force  evaluation  was  forwarded  to  the 
applicant  on  30  May  12  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 timely filed.  
 
3.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  an  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 office of primary responsibility 
(OPR)  and  adopt  its  rationale  as  the  basis  for  our  conclusion 
the applicant has not been the victim of an error of injustice.  
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find 
no  basis  to  recommend  granting  the  relief  sought  in  this 
application.   
 
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 issues involved.  
Therefore,  the  request  for  a  hearing  is  not  favorably 
considered. 
 
________________________________________________________________ 
 
 
 

  
2 

THE BOARD DETERMINES THAT: 
 
The  applicant  be  notified  the  evidence  presented  did  not 
demonstrate  the  existence  of  material  error  or  injustice;  the 
application  was  denied  without  a  personal  appearance;  and  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-2012-01291  in  Executive  Session  on  18  Sep  12,  under 
the provisions of AFI 36-2603: 
 
 
 
 
 
The following documentary evidence was considered: 
 
 
 
 
 
 
 
 
 
                                     
                                   Panel Chair 
 

Exhibit A.  DD Form 149, dated 19 Mar 12. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, AFPC/DPSIPV, dated 17 May 12. w/atchs. 
Exhibit D.  Letter, SAF/MRBR, dated 30 May 12. 

  Panel Chair 
  Member 
  Member  

  
3 



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