RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00127 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His military retirement pay be recalculated to include his Navy Reserve active duty (AD) service at the Navy Officer Indoctrination School between 24 Aug 80 and 3 Oct 80 (42 days), and 22 days of Navy Reserve duty between 18 May 84 and 1 May 85. (Administratively resolved). APPLICANT CONTENDS THAT: He was not given credit for his 42 days of Navy Reserve AD service at the Navy Officer Indoctrination School between 24 Aug 80 and 3 Oct 80, and 22 days of Navy Reserve inactive duty training (IDT) he performed between 18 May 84 and 1 May 85. He discovered this service was omitted from his retirement pay calculations when he received his first retirement check. He faithfully served more than three decades and every day needs to be accounted for. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant was commissioned in the Navy Reserve on 28 Jun 80. On 12 Jun 81, the applicant completed dental school. On 22 Jun 81, the applicant entered extended active duty (EAD) in the Navy. On 17 May 84, the applicant was released from EAD and transferred to the Navy Reserve on 18 May 84. On 1 May 85, the applicant was discharged from the Navy Reserve and commissioned in the Air Force Reserve on 2 May 85 in the grade of captain (O-3). On 12 Aug 85, the applicant was ordered to EAD in the Regular Air Force. On 30 Sep 12, the applicant was released from active duty, and retired in the grade of colonel (O-6) effective 1 Oct 12, and was credited with 30 years, 1 month, and 25 days of active service. On 2 Mar 13, this case was administratively closed in accordance with the applicant’s request contained in his rebuttal (Exhibit E). On 10 Oct 13, the applicant provided new information, his Naval Reserve Retirement Point Credit summary, and requested his case be reopened (Exhibit F). The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIPV recommends disapproval of the applicant’s request to award credit for 22 inactive duty training (IDT) for his Navy Reserve service during the 18 May 84 and 1 May 85 due to a lack of proper documentation; specifically, the applicant has not provided a copy of his Navy Reserve retirement point credit summary, which would be essential to adjudicating this portion of his claim. However, after an in-depth review of the applicant’s military records, AFPC/DPSIV was able to verify and confirm his 1405 date (retirement pay multiplier) should be corrected to include his active duty during the period 24 Aug 80 and 3 Oct 80 (calculated to be 41 days versus 42 days referenced by the applicant). AFPC/DPSIPV opines that when the applicant’s service dates were verified by AFPC in Oct 85, he was not awarded this active duty credit towards his total active federal military service date (TAFMSD) and total active federal commissioned service date (TAFCSD), nor was this time credited when his 1405 date was computed in Oct 00. However, notwithstanding the applicant’s request, this research also revealed that the applicant was erroneously credited with 11 months and 14 days of service for the period 28 Jun 80 to 11 Jun 81 while in dental school under the presumption he was in the Health Profession Scholarship Program (HPSP). As a result of this incorrect presumption, this period was coded as time in medical school and excluded from his 1405 date calculation resulting in a 7 Aug 78 1405 date. AFPC/DPSIPV verified with the applicant that he was not in any scholarship program; instead, he was in a deferred inactive reserve status while in dental school. In light of this new information, the period of 11 months and 14 days Navy Reserve time, along with the 41 days of AD service should be factored in the 1405 date computation, making it 5 Jun 79 versus the current 7 Aug 78. As a result of this change, the applicant will get credit in his retirement computation for an additional 41 days of active duty; however, he will lose 11 months and 14 days of credit, which will result in an overall decrease to his retired pay. Additionally, by recognizing the 41 AD service days, his TAFMSD and TAFCSD would both be changed to reflect 25 Jun 82 versus 16 Sep 82. The correction to the applicant’s 1405 date, when entered into his personnel records will result in a reduction of his retired pay, and he will incur a debt for previously received retired pay that was in excess of his corrected retired pay entitlement. A complete copy of the AFPC/DPSIPV evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant expressed his disappointment that his 63-day AD credit request turned into a 10-month debit against his already 12-year established 1405 retirement date. At the very least, his current retired pay date of 7 Aug 78 should count as statute of limitations precedence. In fact, the applicant argues he is entitled to receive a full four-year constructive credit for his dental school based on his commissioning date of 28 Jun 80 and dental school graduation date of 22 Jun 81, both before the implementation of Defense Officer Personnel Management Act (DOPMA) on 15 Sep 81, citing an excerpt from Department of Health and Human Services T.S. PHS-CC 357 9/4/81. He should be credited with 34 years, 3 months, and 28 days active service (he provides a listing of his active duty dates) instead of his current retirement order showing 30 years, 1 month, and 24 days active service. He requested his case be put on administrative hold until he receives his official Navy Reserve retirement point credit summary (Exhibit E). On 10 Oct 13, the applicant requested that his case be re-opened and provided a copy of his Naval Reserve Retirement Point Credit summary, which reflects his entitlement to 22 days of inactive duty credit for his Navy Reserve duty performed between 18 May 84 and 1 May 85 (Exhibit F). ADDITIONAL AIR FORCE EVALUATION: AFPC/DPSIPV will administratively correct the applicant’s records to accurately reflect his 1405 service date of 21 Apr 79. After a very thorough subsequent review of the applicant’s military records, the documentation he submitted with his original DD 149 application, and all documents submitted with his rebuttal, AFPC/DPSIPV confirmed the applicant should be awarded 41 days of active duty service at the Navy Officer Indoctrination School, 44 days of Reserve inactive duty for training, plus an additional 5 membership points (days), totaling 90 additional days credited towards his 1405 service date computation. Notwithstanding the above, in addressing the applicant’s argument that he is entitled to receive a full four-year constructive credit for his dental school based on his commissioning date of 28 Jun 80 and dental school graduation date of 22 Jun 81, both before the implementation of DOPMA; research revealed the applicant was in a dual status for a portion of his 4-year CSC, resulting in him being credited with 3 years and 15 days of CSC. This subsequent research confirmed their original finding that 11 months and 14 days (dual status time) must be factored back into his 1405 date computation to correctly reflect his 1405 service date. This administrative correction will result in a new 1405 service date of 21 Apr 79 instead of the current 1405 service date of 7 Aug 78, reducing the applicant’s retired pay. While this adjustment to the 1405 date appears to be disheartening, the error still needs to be corrected. If not, it is an injustice to the government. Prior to correcting the applicant’s 1405 service date, they recommend any debt resulting from this negative adjustment be waived by the Board, based on the fact that the error occurred through no fault of the applicant. A complete copy of the AFPC/DPSIPV additional evaluation is at Exhibit G. APPLICANT'S REVIEW OF AIR FORCE ADDITIONAL EVALUATION: A copy of the Additional Air Force evaluation was forwarded to the applicant on 11 Aug 15 for review and comment within 30 days (Exhibit H). As of this date, no response has been received by this office. THE BOARD CONCLUDES THAT: 1.  The applicant has not 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 with regard to the applicant’s request for his military retirement pay to be recalculated to include his Navy Reserve active duty (AD) service at the Navy Officer Indoctrination School as well as 22 days of Navy Reserve duty between May 1984 and May 1985. In this respect, we note that AFPC/DPSIPV has reviewed this application and indicated they will administratively correct the applicant’s records, confirming that he will be awarded 41 days of active duty service at the Navy Officer Indoctrination School, 44 days of Reserve inactive duty for training, plus an additional 5 membership points (days), totaling 90 additional days credited towards his 1405 service date computation. Furthermore, the Board notes, that in addressing the applicant’s request for correction of his record, AFPC/DPSIPV’s research revealed that in addition to this administrative correction to his records, they will have to adjust his 1405 service date taking into account 11 months and 14 days (dual status time) that was erroneously credited in an earlier computation of the 1405 service date. Regrettably, this administrative correction to the applicant’s 1405 service date will result in a decrease in his retired pay, and he will incur a debt for the retirement payments received based on the erroneous 1405 service date. AFPC/DPSIPV recommends that prior to correcting the applicant’s 1405 service date, any debt resulting from this negative adjustment be waived by the Board, because the error occurred through no fault of the applicant. However, subsequent to a thorough review of the evidence of record regarding this recommendation to waive recoupment action of erroneous payments of pay on a debt that has not been established as yet, we find this request requires the advice of appropriate Defense Finance and Accounting System officials who are charged with processing recoupment actions. Accordingly, DoD 7000.14-R, Financial Management Regulation (FMR), Volume 7A, Chapter 50, provides an available avenue of administrative relief for waiver of claims for erroneous payments of pay and allowances. Therefore, we advise the applicant seek the advice of the appropriate Defense Finance and Accounting System officials who are charged with processing recoupment actions and formally apply for waiver of recoupment for erroneous payments of pay and allowances under a separate application. As such, further Board action on this request is not required. 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. 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 AFBCMR Docket Number BC-2013-03789 in Executive Session on 15 Sep 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-00127 was considered: Exhibit A.  DD Form 149, dated 3 Jan 13, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSIPV, dated 21 Feb 13, Exhibit D.  Letter, SAF/MRBR, dated 27 Feb 13. Exhibit E.  Letter, Applicant, dated 2 Mar 13, w/atchs. Exhibit F.  Email, Applicant, dated 10 Oct 13, w/atchs. Exhibit G.  Memorandum, AFPC/DPSIPV, dated 16 Jul 15, w/atchs. Exhibit H.  Letter, SAF/MRBR, dated 11 Aug 15. 5 6