RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04883

  	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, block 12d (TOTAL PRIOR ACTIVE SERVICE), be amended to account for his service while attending the United States Air Force Academy (USAFA).

APPLICANT CONTENDS THAT:

In accordance with Title 10 Section 101 (d) Duty Status – the term active duty means full-time duty in the military service of the United States.  Such term includes full-time training duty, annual training duty, and attendance, while in the active military service at a school designated as a service school by law or by the Secretary of the military department concerned.  It appears credit was given as “inactive service” (block 12e) on the DD Form 214.  For purposes of clarity, he is not asking that his academy service be creditable for any purpose in connection with his commissioned status.  He is making this request as a “veteran/retiree” not a commissioned officer; therefore, Title 10 Section 971 does not apply.  He was unsuccessful in having his records corrected prior to retiring.  

The applicable laws only maintain their consistency if section 971 is applied to commissioned officers or enlisted service where no distinction is allowed by the law.  In addition, it appears as though an entitlement for retirement pay has been established and accounted for, which further illustrates that service, as a cadet is creditable for retirement pay purposes.  The Office of Personnel Management (OPM) has established as their policy based on an interpretation consistent with his situation that time spent at the service academies should be counted as active service time for retirement purposes.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force lieutenant colonel.  DD Form 214, effective 20 Sep 17, block 12e (TOTAL PRIOR INACTIVE SERVICE), reflects 3 years, 10 months, and 28 days, which is time he attended the USAFA (1 Jul 93 through 28 May 97); this period of service is not creditable for any purpose in commissioned officer status.  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 applicant’s request to annotate his USAFA time as active duty based on Title 10 Section 971.  The DD Form 214 covers his Air Force service as a commissioned officer under Title 10, Armed Forces.  In addition, recommend AFPC/DP2STM provide an advisory to address the DD Form 214.  

By way of background, his date initially entered uniformed services (DIEUS) was established as 1 Jul 93.  The DIEUS is not a computed date.  This date is the date of initial acceptance of commission, appointment, or enlistment in any branch of the Uniformed Forces (Regular or Reserve; active or inactive).  This is a fixed date and is not adjusted for time lost or breaks in service.  This date includes enlistments as a Reserve in the Senior ROTC program, or as a scholarship cadet or midshipman under Title 10, section 2107 or 2107a, enlistment under Title 10 Section 12103, enlistment in active component delayed entry/enlistment program (DEP), and entrance as a cadet or midshipman at a service academy.  Time spent in ROTC for commissioned officers and enlistments in DEP are not credited in computing length of service as well and are documented as inactive status on the DD Form 214.   The complete advisory is at Exhibit C.

AFPC/DP2STM recommends denying the application.  Block 12e of the applicant’s DD Form 214 lists his USAFA time as inactive service.  In accordance with AFPC/DP2LT advisory, 19 Jan 18, “Service at the USAFA is not creditable for active duty, longevity pay, or 1405 date (retirement pay multiplier).”  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 20 Mar 18 for comment (Exhibit E), and in an undated response, the applicant replied.  In his response, he addresses the AFPC/DP2LT memorandum by noting the "Facts/Analysis" section incorrectly implies that Title 10 section 971 specifically addresses the terms “active duty,” “longevity pay,” and “1405 date;” however, none of these items are specifically addressed in section 971.  In order to understand the applicable rules and statutes that correspond to these terms, each need to be interpreted as they are defined in the appropriate sections of the United States Code.  It is understandable that a few specific examples were chosen and shown to be not applicable.  

In his 2 Nov 17 memorandum, he provides more detail regarding time served at the Air Force Academy is credible as “active service” time.  Further, he contends that crediting the time, as “Total Prior Active Service Time,” in block 12d does not affect any calculations as they pertain to his status as a commissioned officer.  Correctly characterizing the time served as a cadet as “active service” would not affect any future calculations as they pertain to his officer status due to the verbiage inserted into section 18, which states “Attended USAF Academy in cadet status 1 Jul 93 to May 97.  Service is not creditable for any purpose in commissioned officer status.”  Because his DD 214 fails to “provide an accurate and complete summation of active military personnel service,” he requests the board rule to correct the record.  The applicant’s complete response is at Exhibit F.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

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

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The applicant’s assertions are duly noted; however, the Board concurs with the rationale and recommendations of AFPC/DP2LT 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.

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-2017-04883 in Executive Session on 6 Jun 18:

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

Exhibit A:	Application, DD Form 149, dated 2 Nov 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2LT, dated 19 Jan 18.
Exhibit D.  Advisory opinion, AFPC/DP2STM, dated 24 Jan 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 20 Mar 18.
Exhibit F:	Applicant’s response, undated.

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