RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-00795 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
Her time in service at separation be adjusted by two weeks, or that her time six months in the Delayed Entry Program (DEP) be considered active duty time.

APPLICANT CONTENDS THAT:
She lacks 15 days of service to qualify for the Department of Veterans Affairs (DVA) home loan program. She was not told about needing 24 months of service to qualify for the DVA loan eligibility. If she had been properly counselled prior to separation, she would have selected a different voluntary separation date.

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

STATEMENT OF FACTS:
On 14 Sep 81, the applicant entered the Regular Air Force.
On 6 May 83, the applicant requested an early separation date of
1 Sep 83, due to pregnancy.
On 6 May 83, the applicant’s commander approved her voluntary separation date of 1 Sep 83.

On 31 Aug 83, the applicant was furnished an honorable discharge, and was credited with 1 year, 11 months, and 17 days of active service.

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 denial indicating there is no evidence of an error or an injustice. Based on the documentation in the applicant’s records, she enlisted in the Air Force Reserve DEP on
20 Feb 981. She was discharged from DEP on 13 Sep 81 and immediately enlisted into the Regular Air Force on 14 Sep 81. In accordance with Title 10, time served in the DEP is in a reserve, non-pay status. An individual in the DEP is normally discharged from the reserve status within 365 days for subsequent enlistment into the Regular component. While in DEP, individuals remain at home until it is time for them to enlist in the Regular component. Since time served in DEP is in a non- active duty (reserve) status, the time served is not creditable towards the total active federal military service date. In accordance with Title 37, the term “active duty” means full-time duty in the active service of a uniformed service. Justification does not merit active duty credit towards her active duty time served on her DD Form 214, Certificate of Release or Discharge from Active Duty.

It is recommended to deny the applicant’s request.
A complete copy of the AFPC/DPSIPV evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant believes the OPR has overlooked her main contention, in that she was miscounseled and would not have voluntarily separated two weeks shy of the DVA eligibility period had she been properly informed of this requirement.

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 in judging the merits of the case, to include her rebuttal response; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Additionally, the applicant has provided no evidence she was miscounseled prior to her requested voluntary separation date. 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-2015-00795 in Executive Session on 19 Nov 15 under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00795 was considered:

Exhibit A.	DD Form 149, dated 20 Feb 15, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPSIPV, dated 12 May 15. Exhibit D.	Letter, SAF/MRBR, dated 30 Jun 15.
Exhibit E.	Letter, Applicant, dated 12 Jul 15.