RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01703 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, Item 18, REMARKS, be corrected to reflect "Continuous Honorable Active Military Service from 17 Jan 1986 to 22 Jan 2007”. APPLICANT CONTENDS THAT: His continuous honorable active military service date should be through 22 Jan 07, which is the date of his court-martial. It currently reflects 17 Jan 86 to 9 Jan 02. This is not consistent with his Enlisted Performance Reports (EPRs) or his Air Force Achievement Medal (AFAM). The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 17 Jan 86. According to the DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, in the applicant’s official military personnel record, his last reenlistment took place on 10 Jan 02, for a period of four years. According to the AF IMT, 1411, Extension or Cancellation of Extensions of Enlistments in the Regular Air Force/Air Force Reserve, in the applicant’s official military personnel record, the applicant extended his enlistment on 7 Jun 05, for a period of one month for the purpose of retirement. According to Special Court-Martial Order Number 18, dated 27 Apr 07, the applicant was charged with the following offenses during a general court-martial. Charge 1: Article 120. Plea G. Finding G. Specification 1: On diverse occasions between on or about 1 Jun 01 and on or about 9 Jul 05, rape C.H., a person who had attained the age of 12 but was under the age of 16. Plea: NG, but to the lesser included offense of carnal knowledge, G. Finding: G, except the word “rape” substituting therefore the words, “commit the offense of carnal knowledge” of the excepted word, NG, of the substituted words, G. Specification 2: on Diverse occasions between on or about 10 Jul 05 and on or about 7 Nov 05, rape C.H. Plea: NG. Finding: Withdrawn by the Convening Authority pursuant to Pre- trial Agreement. Charge II: Article 125. Plea: NG. Finding: Withdrawn by the Convening Authority pursuant to Pre-trial Agreement. Specification 1: on diverse occasions between on or about 1 Jun 01 and on or about 9 Jul 05, commit sodomy with C.H., a child who had attained the age of 12 but was under the age of 16, by force and without consent of C.H. Plea: NG. Finding: Withdrawn by the Convening Authority pursuant to Pre-trial agreement. Specification 2: on diverse occasions between on or about 10 Jul 05 and on or about 7 Nov 05, commit sodomy with C.H., by force and without the consent of C.H. Plea: NG. Finding: Withdrawn by the Convening Authority pursuant to Pre-trial Agreement. Charge III: Article 134. Plea: G. Finding: G. Specification: on diverse occasions between on or about 1 Jun 01 and on or about 9 Jul 05, commit an indecent act upon the body of C.H., a female, under the age of 16, not the wife of the accused, by fondling her breasts and placing his hands upon her private parts, with the intent to arouse the sexual desires of the accused. Plea: G, except the words “fondling her breasts and,” of the excepted words, NG. Finding: G, except the words “fondling her breasts and.” The applicant’s sentence was adjudged on 23 Jan 07. His punishment consisted of a dishonorable discharge, confinement for 18 years and 4 months, forfeiture of all pay and allowances, and reduction to Airman Basic (E-1). Only so much of the sentence provided for a dishonorable discharge, confinement for 15 years, forfeiture of all pay and allowances, and reduction to airman basic was approved and, except for the dishonorable discharge, was executed. Pursuant to Article 57(a), UCMJ, forfeiture of pay and allowances and reduction to airman basic were deferred effective 6 Feb 07 until the date of this action. According to General Court-Martial Order Number 96, dated 19 Jul 10, the applicant’s court-martial was affirmed. The dishonorable discharge was executed as promulgated in General Court-Martial Order Number 17, forfeiture of all pay and allowances and reduction to airman basic were deferred effective 6 Feb 07 until 7 Apr 07 (the date of the action). On 27 Sep 10, the applicant was furnished a dishonorable discharge, and was credited with 24 years, 8 months, and 11 days of active service. The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force office of primary responsibility (OPR), which are attached at Exhibits C and F. AIR FORCE EVALUATION: AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice. IAW AFI 36-3202 (Separation Documents), Table 4, rule 30, directs "the to date is the date before the current enlistment". The applicant's enlistment at the time of separation began 10 Jan 02; therefore, the period of continuous honorable active military service is from the date entered active service (17 Jan 1986) to the date prior to the enlistment contract that had service deemed not honorable (9 Jan 02). The period of continuous honorable active service as recorded on the DD Form 214, was computed accurately. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In response, the applicant refutes virtually every point made by the OPR and argues that Table 4, rule 30 the OPR is referring to in the AFI only applies if a member is absent from duty, placed in either pretrial confinement or confinement after trial and therefore was not able to complete the current (last) enlistment he was obligated under contract to serve. His last re-enlistment began on 10 Jan 02, was a four year contract and ended in Jan 06. This was completed and there is no lost time during that enlistment contract. This four year contract cannot be excluded. An extension occurred on that four year contract from 31 Jan 06 to 22 Jan 07 and should also be counted as good time. EPR’s from Jan 02 to Jan 06 show no lost time and provide evidence of being present for duty, to included time during the extension period. A complete copy of the applicant’s response is at Exhibit E. ADDITIONAL AIR FORCE EVALUATION: AFPC/DPSOR provides an additional advisory opinion in which they state that their original advisory dated 19 Jun 2014, is accurate and they find no errors in the application of AFI 36- 3202 to the processing of the applicant's DD Form 214. The applicant has failed to prove the DD Form 214 was prepared in error. A complete copy of the AFPC/DPSOR evaluation is at Exhibit F. APPLICANT’ REVIEW OF ADDITIONAL AIR FORCE EVALUATION: In response, the applicant reiterates that he does not have any lost time during his enlistment period from 2002 to 2006 nor during his extension. His DD Form 214 reflects this is the case. The applicant contends other inmates with the same circumstances do not have the Continuous Honorable Active military Service statement on their DD Form 214 He contends this should be removed. The applicant provides copies of Enlisted Performance Reports (EPRs), a citation for award of an Air Force Achievement Medal, a Letter of Appreciation, military cases relative to his case, his DD Form 214, and AFI 36-3202, Table 4, Rule 30. A complete copy of the applicant’s response, with attachments, is at Exhibit H. 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 injustice. We took notice of the applicant’s complete submission in judging the merits of the case; 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. 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-2014-01703 in Executive Session on 9 Jul 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-01703 was considered: Exhibit A. DD Form 149, dated 14 Apr 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 19 Jun 14. Exhibit D. Letter, SAF/MRBR, dated 4 Aug 14. Exhibit E. Letter, dated 19 Aug 14. Exhibit F. Memorandum, AFPC/DPSOR, dated 22 Sep 14. Exhibit G. Letter, SAF/MRBR, dated 17 Nov 14. Exhibit H. Letter Applicant, dated 16 Jun 15.