RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01911
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His pay date be changed to reflect 24 Jun 01, rather than
29 May 02.
2. His Total Active Federal Military Service Date (TAFMSD) be
changed to reflect 26 Jun 01 rather than 29 May 02.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was not properly counseled at the United States Air Force
Academy (USAFA) regarding his pay dates. He was not notified of
the change in his pay dates or of the $12,491.54 debt he
incurred as a result of these changes.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
While attending the USAFA, the applicant was placed on medical
turnback and in a leave without pay and allowance status from
18 Jul 97 to 30 Jun 98. The applicant was returned to USAFA
cadet status on 2 Jul 98. On 29 May 02, he was commissioned and
entered active duty upon his graduation.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIPV recommends denial indicating there is no evidence of
an error or an injustice. The applicant contends the staff at
the USAFA miscounseled him regarding his service dates.
However, according to the evidence of record, the applicant was
on medical turnback status and cannot receive service credit for
this time since USAFA cadet time is not creditable in a
commissioned status per USC Title 10, Subtitle A, Part II,
Chapter 49 Section 971, Service Credit. While the applicant was
on medical turnback status, he was not serving in any capacity
and was not physically at the USAFA. The applicants time on
medical turnback was mistaken as attendance at USAFA Preparatory
School, which is creditable as enlisted active duty service. On
2 Feb 11, the applicant contacted the Air Force Personnel Center
(DPSIPV) to inform them that he had never attended the USAFA
Preparatory School. After USAFA confirmed the applicant had not
attended the Preparatory School, AFPC/DPSIPV corrected his
service dates to remove the credit erroneously granted him. The
applicant alleges he was not directly notified of the debt he
incurred as a result of these corrections to his service dates;
however, during his conversation with the AFPC/DPSIPV staff, the
applicant would have been informed that the removal of the
enlisted time would change his TAFMSD, pay date, and the that he
would possibly incur a debt. Additionally, his Leave and
Earning Statements (LES) between Mar 11 and Dec 11 noted the
debt in the remarks area. The Mar 11 LES further noted the
change in his pay date and that the debt repayment had been
suspended.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 17 Jun 13 for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
________________________________________________________________
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 with respect
to the applicants requests pertaining to his service dates. 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
and adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error or injustice. As
for the portion of his request regarding the debt he incurred,
we have been advised by SAF/FMP that said debt has been waived.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting any relief beyond that rendered
administratively.
________________________________________________________________
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-2013-01911 in Executive Session on 8 Apr 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Apr 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPSIPV, dated 13 May 13.
Exhibit D. Letter, SAF/MRBR, dated 17 Jun 13.
Panel Chair
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