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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