RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02795 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect his time as a student at the Uniformed Services University of Health Sciences (USUHS). _________________________________________________________________ APPLICANT CONTENDS THAT: His service in USUHS in the remarks section (Item 18) of the DD Form 214 would serve the purpose of validating his active service. In support of his appeal, the applicant provides copies of an AFPC/DPSIPV letter, dated 17 September 2010, with attachments; his DD Form 214; an electronic communication from his counsel; and an Office of the Assistant Secretary of Defense (OASD) letter, dated 1 July 2002, Subject: Credit for Time at the Uniformed Services University of the Health Sciences (USUHS) in Computing Military Retired and Retainer Pay. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant was administered the Oath of Office as a Reserve Officer in the Medical Service Corps on 7 September 1976 as a participant in the USUHS. He completed the program on 23 May 1980 and entered extended active duty on 24 May 1980. The applicant was honorably discharged effective 26 August 1989 in the grade of major (O-4), after serving nine years and seven months on active duty. His narrative reason for separation was voluntary resignation under the 7-day option program. The remaining relevant facts, extracted from the applicant’s service record, are contained in the evaluation provided by the Air Force offices of primary responsibility at Exhibits C and D. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIPV recommends denial. DPSIPV states that 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. During the applicant’s period of active duty from 24 May 1980 to 26 August 1989, his pay date was credited for his time in USUHS in accordance with the Department of Defense (DoD) Financial Management Regulation (FMR), Chapter 1, paragraph 010101.E.1.b. Per the FMR reference, some medical and dental officers are entitled to extra credit for longevity (pay) purpose to reflect the time spent in medical or dental school. The applicant met the requirement in subparagraph 010101.E.b which indicates “on September 14, 1981, the individual was enrolled either in the Armed Forces Health Professions Scholarship Program or the Uniformed Services University of Health Sciences, completed that program, and was appointed as a medical or dental officer.” However, in accordance with Title 10, United States Code (USC), Section 2126, he was not given active duty credit on his DD Form 214 because time spent in USUHS is not counted in determining eligibility towards retirement. The complete DPSIPV evaluation, with attachments, is at Exhibit C. AFPC/DPSOY recommends denial. DPSOY states that the applicant’s DD Form 214 indicates in Block 12e, 10 years, 5 months, and 2 days inactive time. Based on his Statement of Service form, Block 12e is correct. There is not an approved remark to add USUHS time in Block 18 as with United States Air Force Cadets in Air Force Instruction 36-3202, Table 4. At the time of the applicant’s service and per the statement of service form, USUHS time is not considered active duty. If this request was granted, it would set a precedence for all other USUHS members to have this remark added to their DD Form 214. The applicant should be able to provide his Statement of Service form to any requesting agency for proof of service. The complete DPSOY evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 24 February 2012, for review and comment within 30 days (Exhibit E). As of this date, this office has received no response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ 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-2010-02795 in Executive Session on 28 June 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2010-02795: Exhibit A. DD Form 149, dated 8 Nov 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIPV, dated 23 Jan 12, w/atchs. Exhibit D. Letter, AFPC/DPSOY, dated 8 Feb 12. Exhibit E. Letter, SAF/MRBR, dated 24 Feb 12.