RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03501

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be issued a DD Form 214, Certificate of Release or Discharge from Active Duty, to cover the period of 6 Jun 80 through 18 Apr 81.  

APPLICANT CONTENDS THAT:

From 6 Jun 80 through 18 Apr 81 he was on active duty through a delayed entry program while in college.  He is now planning to retire from the General Schedule system.  He needs proof of all service time, and a DD Form 214 was never issued for the period in question.  

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

STATEMENT OF FACTS:

The applicant initially entered the Air Force Reserve delayed enlistment program (DEP) on 6 Jun 80.  

On 20 Sep 82, the applicant entered the Regular Air Force.  

On 3 May 95, the applicant was furnished an honorable discharge, and was credited with twelve years, seven months, and fourteen days of active service.  

On 6 Jun 95, the applicant was appointed as a Reserve of the Air Force in the grade of major.  

On 23 May 15, his sixtieth birthday, the applicant was placed on the USAF Retired List. 

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D.    

AIR FORCE EVALUATION:

AFPC/DP2LT recommends denial indicating there is no evidence of an error or an injustice.  For enlistment in the DEP, an individual signs a DD Form 4, Enlistment/Reenlistment Document- Armed Forces of the United States.  The DD Form 4 states that the individual understands that within a specified amount of days, he or she will be ordered to active duty as a Reservist for a specified number of years unless he/she enlists in the Regular Component.  Enlistment in the DEP is in a non-pay status.  Although an enlistment in the DEP is in a non-pay status, the period of time is creditable for pay purposes upon enlistment on active duty.  His DD Form 4 dated 6 Jun 80, states “I understand that I will, within 270 days, be ordered to active duty as a Reservist for 4 years unless I enlist in the Regular Component of the United States Air Force for not less than 4 years”.  In the additional remarks, it also states “I also understand that this time is NOT counted toward fulfillment of my military service obligation or commitment”.  

Per Enlistment/Travel Order No. 115-1, the applicant enlisted in the Air Force Reserve on 6 Jun 80, in an inactive duty status.  Additionally, he was to proceed to his current home address and return to the AF Recruiting Station at the date and time indicated on this order.  His date and time was 24 Jan 81 at 0630 hrs.  The applicant was later discharged from the Air Force Reserve ARPC Non-Prior Service (NPS) Delayed Enlistment Program on 18 Apr 81, per Reserve Order AA-1 dated 13 Jul 81.  Although his Reserve Retirement Point Credit Summary reflects he had 317 days of active duty (AD), it appears this document could be incorrect.  They recommended ARPC review the Retirement Point Credit Accounting and Reporting System to determine the validity of AD days awarded for the period of 6 Jun 80 through 18 Apr 81.  

A complete copy of the AFPC/DP2LT evaluation is at Exhibit C.

ARPC/DPTSP recommends denial indicating there is no evidence of an error or an injustice.  The DEP is designed as a contract for a member to enlist into the Ready Reserve of a United States military component as a Reservist in a non-pay status until entry to a pay status.  The point credit statement dated 2 Nov 09, provided by the applicant, shows 317 AD points for the period 6 Jun 80 through 18 Apr 81.  Typically, 317 AD points would indicate the applicant completed basic military training, technical school, and some unit time.  There is no evidence of any of those events in his records to validate any AD participation prior to his discharge on 18 Apr 81.  According to documents (copy of an email) provided by the applicant, DFAS had no supporting documents for AD from 6 Jun 80 through 18 Apr 81 in their records.  The 5 Aug 16 participation summary accurately reflects no AD points were earned during the matter in question.  

A complete copy of the ARPC/DPTSP evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

The applicant refutes ARPC/DPTSP’s statement; “Typically 317 active duty points would indicate that the member would have completed basic military training, technical school, and some unit time.  There is no evidence of any of those events in the member’s record to validate any active duty.”  He argues that his graduate studies were exactly what the Air Force expected of him.  He worked as a full time student, participated and complied with the requirements of the Air Force recruitment programs, completed all degree requirements, and entered Active Duty in Sep 1982 with all the technical training wanted by the Air Force.  

Additionally, he refutes the ARPC/DPTSP’s 5 Aug 16 editing of his Point Credit Summary by removing the 317 AD-days services and adding 13 membership points.  He disagrees with the OPR's’ statement regarding DFAS indicating there is no supporting document for active duty service from 6 Jun 80 thru 18 Apr 81 in his records.  The consequences of the OPR’s actions/statements may possibly impact the pay he received while serving in the Air Force on AD and in the Reserve from 1982 thru 2006.  He further states he believes his participation in the DEP should be “credited for pay purposes” and by not crediting this time breaks “the promises made to him by the Government” on his career start date of 6 Jun 80.  In support of his response, the applicant provides copies of his college graduation certificates and his original DD Form 149 application with attachments.

A complete copy of the Applicant’s rebuttal 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.  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, including his rebuttal; however, we agree with the opinion and recommendation of the Air Force offices of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  We note that it appears as though the applicant’s point credit summary indicates he was awarded 317 active duty points during the period for which he is requesting a DD Form 214 be issued.  However, in view of the fact there are no documents in the record to indicate the applicant performed active service during his delayed entry program (DEP) period, we agree with the ARPC determination indicating the evidence is not sufficient to conclude any active service was performed during this period and therefore are not inclined to recommend that a DD Form 214 be published to document his service in the DEP.  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-2015-03501 in Executive Session on 15 Nov 16, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03501 was considered:

	Exhibit A.  DD Form 149, dated 11 Aug 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2LT, dated 11 Mar 16, w/atchs. 
	Exhibit D.  Memorandum, ARPC/DPTSP, dated 10 Aug 16, w/atch.
	Exhibit E.  Letter, SAF/MRBR, dated 28 Sep 16.
	Exhibit F.  Letter, Applicant, dated 26 Oct 16, w/atchs.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.