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 applicant’s 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 applicant’s 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 applicant’s 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. 4 5