RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03737

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected by removing the 3 years, 10 months and 26 days of service reflected in Block 12e. Total Prior Inactive Service to Block 12d, Total Prior Active Service.

APPLICANT CONTENDS THAT:

His prior active service time on his DD Form 214 is incorrect.  He states Title 38 United States Code (USC) (21)(d) identifies time as a cadet at a service academy to be active duty time.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force lieutenant colonel.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/DP2LT recommends denying the application noting Air Force Academy (AFA) cadet service is not creditable towards pay or total active federal military service (TAFMS). 

The applicant was a cadet at the AFA from 5 Jul 85 to 30 May 89 for a period of 3 years, 10 months, and 26 days.  He was commissioned as a second lieutenant in the Regular Air Force on 31 May 89.

Under the provisions of Title 10, United States Code, Section 971, paragraph (b), service as a cadet or midshipman may not be credited in computing length of service for any purpose for commissioned officers of the Army or Air Force.

The complete advisory is at Exhibit C.

HQ AFPC/DP2STM recommends denying the application.  There is no evidence of an error or on the applicant’s DD Form 214.  The applicant’s inactive service is accurately reflected on his DD Form 214.  AFI 36-3202, Separation Documents, states that inactive time not credited toward pay date is reflected in Block 12e on the DD Form 214.

The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copies of the Air Force evaluations to the applicant on 26 Jun 18 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, the Board concludes that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendations of AFPC/DPLT2 and AFPC/DP2STM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

The application was adjudicated without a personal appearance.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-03737 in Executive Session on 26 Jul 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 2 Sep 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2LT, w/atch, dated 12 Dec 16.
Exhibit D:	Advisory opinion, AFPC/DP2STM
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 26 Jun 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, BC-2016-03737, required by AFI 36-2603, paragraph 4.11.9.