RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05326
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be corrected in Item 12d, Total Prior Active Service, to
reflect all of his service time.
________________________________________________________________
APPLICANT CONTENDS THAT:
His final DD Form 214 for retirement does not include his
additional service. This impacts his retirement pay.
In support of his request the applicant submits a copies of his
DD Forms 214 and a copy of his DD Form 215, Correction to DD
Form 214, Certificate of Release or Discharge from Active Duty.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former commissioned officer of the Regular
Air Force.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
1. AFPC/DPSIPV recommends denial. DPSIPV states that prior to
retiring, the applicant submitted a BCMR case requesting
correction to his 30 Sep 2004 DD Form 214, items 12d (total
prior active service) and 12e (total prior inactive service).
The case was processed and approved by HQ ARPC/DPTS. They
awarded credit for active duty training for the periods from
31 Jul 1996 through 13 Sep 1996 and from 29 Sep 1996 through
12 Nov 1996. A DD Form 215, was accomplished adding the
additional active duty to item 12d and deducting the same amount
of time for inactive service from item 12e. However, the
additional time was not credited to the applicants total active
federal military service date (TAFMSD) while he was still
serving on active duty as a Regular Air Force commissioned
officer. Therefore, the time was not accounted for on his
30 Sep 2012, DD Form 214.
2. Based on documentation in the applicants records, he was a
participant in the Armed Forces Health Professions Scholarship
Program (AFHPSP) from 22 Nov 93 to 6 Jun 97. His active duty
training occurred during the time periods from 31 Jul 1996
through 13 Sep 1996 and from 29 Sep 1996 through 12 Nov 1996.
According to his AFHPSP contract, signed on 22 Nov 1993,
paragraph 5b, states that he understood that there was a
requirement by the member to perform one 45-day tour of active
duty at a military base as directed by the Air Force for each 12
months of participation in the program. In accordance with
Title 10, U.S. C., § 2126, service while in the program is not
creditable in determining eligibility for retirement other than
by reason of a physical disability incurred while on active duty
as a member of the program or in computing years of service
under Title 37, § 205, Pay and Allowances of the Uniformed
Services.
They recommend reversal of the previously approved addition of
two months of active duty service to the applicants 30 Sep 2004
DD Form 214 by ARPC/DPTS. In accordance with Title 10, Section
2126, this time was served as a requirement during his time in
the HPSP program and is not considered creditable service
towards retirement or longevity pay.
The complete AFPC/DPSIPV 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 21 January 2013 for review and comment within
30 days (Exhibit D). To date, this office has not received a
response.
________________________________________________________________
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 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 that the
applicant has not been the victim of an error or injustice.
With regard to the OPRs recommendation for reversal of the
previously approved addition of two months of active duty
service to the applicants 30 September 2004 DD Form 214, it is
not under the Boards charter to issue a recommendation that
will cause detriment to the applicant. Therefore, we advise the
OPR to address this request with the appropriate Air Reserve
Personnel Center (ARPC) officials who are charged with
processing the action. In view of the above and 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 this application
in Executive Session on 22 August 2013, under the provisions of
AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR
Docket Number BC-2012-05326:
Exhibit A. DD Form 149 dated 4 October 2012, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIPV, dated 20 December 2012,
w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 21 January 2013.
Chair
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