RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00774
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, Block 12d (Record of Service), be corrected to reflect his
total prior active duty service of 5 [sic] years, 9 months, and
15 days.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
His DD Form 214 does not reflect his prior active service
despite serving on active duty for 4 years, 9 months, and
15 days (3 Aug 86 to 18 May 91). During this period, he was
commissioned a second lieutenant and graduated from the
Uniformed Services University of the Health Sciences (USUHS),
and then promoted to the grade of captain.
In support of his request, the applicant provides a copy of his
USUHS Certificate, a copy of the Memorandum on Credit for Time
Served at the USUHS in Computing Military Retired and Retainer
Pay, a copy of his AF Form 766, Extended Active Duty Order, and
a copy of his Reserve Order D-1179.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant retired from the Regular Air Force in the grade of
colonel after serving 20 years, 2 months, and 13 days on active
duty.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the Air Force, which is at Exhibit C and D.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSIPV recommends denial. The applicant signed a USUHS
Military Service Obligation Contract on 31 Mar 86. His contract
states, USUHS Reserve officers will be subject to most of the
same laws, regulations, and policies that apply to other Reserve
officers on active duty. Exceptions are that service performed
while a member of the program is not counted: (1) in determining
eligibility for retirement, other than by reason of years of
physical disability incurred while on active duty as a member of
the program; (2) In computing years of service creditable for
basic pay; and (3) In computing date of rank, promotion service
date or total years service date. His contract is in
compliance with Title 10, U.S.C., Section 2126 (Atch 3), Section
2114 (Atch 4), and Public Law 92-426, (Atch 5). Consequently,
he was not given active duty credit on his DD Form 214.
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 nor have it included on
his DD Form 214.
The complete DPSIPV evaluation, with attachments, is at Exhibit
C.
APFC/DPSOR recommends the applicants DD Form 214 be corrected
to read, Attended Uniformed Services University of the Health
Sciences in student status from 3 Aug 86 to 18 May 91 and time
not creditable as active service. DPSOR denies his request to
correct his DD Form 214, Block 12d, to reflect his USUHS time as
credible active duty service.
The complete DPSOR evaluation is at Exhibit D.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
His case represents a straightforward request to recognize his
time spent at the USUHS as a student. Once he achieved 20 years
of active duty service, his retirement pay should be computed
using the additional time served at USUHS.
The applicants complete submission, with attachments, is at
Exhibit F.
________________________________________________________________
_
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice that warrants
corrective action. While we note the opinions and
recommendations of the Air Force offices of primary
responsibility, we do not agree. In this respect, the Deputy
Assistant Secretary for Military Personnel Policy memorandum
provides specific guidance with regard to the Credit for Time
Served at the Uniformed Services University of the Health
Sciences (USUHS) in Computing Military Retired and Retainer
Pay. The memorandum states that, Section 2114(b) of title 10
United States Code [10 U.S.C. 2114(b)] provides that USUHS
medical students shall serve on active duty in pay grade 0-1.
Thus, such service must be credited under any provision of law
based on active service unless such service is explicitly
excluded. As such, since there are not exclusions in this
case, the applicants years of service at USUHS as a medical
student are creditable in computing his retired pay rate.
Consequently, the applicant should receive 62.3 percent of
retired pay based on 20 years of active duty service, rather
than receiving 50 percent of retired pay based on 20 years of
active duty service. Therefore, we recommend that the records
be corrected as indicated below.
________________________________________________________________
_
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that the DD
Form 214, Certificate of Release or Discharge from Active Duty,
issued in conjunction with his 31 July 2011 retirement, be
amended in Item 18, Remarks, to include the statement the
member was awarded constructive service for the time spent while
attending USUHS from 3 August 1986 to 18 May 1991.
________________________________________________________________
_
The following members of the Board considered AFBCMR Docket
Number BC-2013-00774 in Executive Session on 17 Oct 13 and 19
Nov 13, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence for Docket Number BC-2013-00774
was considered:
Exhibit A. DD Form 149, dated 8 Feb 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIPV, dated 3 May 13.
Exhibit D. letter, AFPC/DPSOR, dated 14 Jun 13.
Exhibit E. Letter, SAF/MRBR, dated 7 Oct 13, w/atchs.
Panel Chair
4
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