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Decision Text

AF | BCMR | CY2014 | BC 2014 03278
Original file (BC 2014 03278.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-03278

						COUNSEL:  NONE

						HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His Total Active Federal Military Service Date (TAFMSD) be 
changed to 8 Aug 96 rather than 20 Nov 96.  


APPLICANT CONTENDS THAT:

His TAFMSD is incorrect and request that 104 days be added to 
his total active Federal service.  

He submitted a prior BCMR application to have his Active Duty 
Service Commitment (ADSC) corrected; however, he did not realize 
that his total active Federal service date was erroneous as 
well.

He was commissioned in the US Navy, on 10 May 96; however, he 
served on active duty as a staff sergeant prior to reporting, on 
23 Aug 96, to the Uniformed Services University of the Health 
Sciences (USUHS) and did not receive credit for that period of 
active duty.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

According to a Statement of Service, dated 20 Jun 00, on 22 Feb 
88, the applicant initially enlisted in the US Navy.  On 21 Aug 
91, he was honorably discharged from the US Navy.  

On 10 May 96, the applicant was commissioned as an Ensign in the 
US Navy, as a Medical Service Corps (MSC) officer.  On 14 Jul 
99, he was discharged to complete an Interservice transfer to 
the Air Force Reserve.  

On 15 Jul 99, the applicant was appointed as a second lieutenant 
in the Air Force Reserve as an MSC officer.  On 19 May 00, he 
was honorably discharged to accept a Regular Air Force 
appointment.  On 20 May 00, the applicant was appointed as a 
captain in the Regular Air Force.  The Statement of Service list 
the applicant in student status from 10 May 96 to 19 May 00.

On 19 Jul 12, AFPC/DPAME administratively corrected the 
applicant's record by adjusting his ADSC for his time in the Air 
Force Reserve Officer Training Corps (AFROTC) by 3 months and 
15 days, with a new Active Duty Service Commitment Date (ADSCD) 
of 5 Feb 15.


AIR FORCE EVALUATION:

AFPC/DPSIPV recommends denial indicating that based on the 
1975 Designator Code on the Oath of Office and the law, Title 10, 
Section 2126.  Even though his DD Form 214 states that he served 
on active duty from 10 May 96 to 14 Jul 99, the law states that 
this time in the program is not creditable towards retirement 
(active duty) or pay.  

DPSIPV received information from the Navy Medical Accessions 
Program Manager, indicating the applicant was commissioned in the 
Navy Reserves, Designator Code 1975, in an active duty status 
on 10 May 96.  According to the Manual of Navy Officer Manpower 
and Personnel Classifications (NOOCS Manual), Volume 1, Part A, 
Section 2, Designator Codes and Descriptions, the definition of 
the 1975 designator code is “An Unrestricted Line Officer under 
instruction in the Armed Forces Health Professions Scholarship 
Program (HPSP) (Medical/Osteopathic).”  As a member in the 
HPSP or USUHS programs, Title 10 USC, Section 2126, states 
“that service performed while a member of the program shall not 
be counted in determining eligibility for retirement or in 
computing years of service creditable for pay.”  

The complete DPSIPV evaluation, with attachments, is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes virtually every point made by the OPR and 
reiterates his original contention that he was working at the 
ROTC unit full-time and not receiving training or education.

The applicant states an attorney with the Office of General 
Council, at USUHS agrees with his assessment that the type of 
commission was not relevant.  If he was working at the ROTC 
unit full-time and not receiving training or education, then 
his service is creditable for meeting retirement eligibility.  

The applicant’s complete response is at Exhibit E.  


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, to include his 
rebuttal of the Air Force advisory, 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 of injustice.  Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the requested relief.


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-2014-03278 in Executive Session on 7 May 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 1 Aug 14, w/atchs.
	Exhibit B.  Pertinent Excerpts from Personnel Records.
	Exhibit C.  Letter, AFPC/DPSIPV, dated 9 Feb 15, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 27 Feb 15.
	Exhibit E.  Letter, Applicant, dated 9 Mar 15.









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