RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02277

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to include his four (4) years of active duty service while attending the Air Force Academy (AFA).

APPLICANT CONTENDS THAT:

He is buying back his Air Force time and applying it to his Federal Service time.  By amending his DD Form 214, it will make it easier to account for his total service time of 14 years, rather than the 10 years it currently indicates.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant received an honorable discharge from the Regular Air Force in the grade of captain.    For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2LT Service Dates recommends denying his request to amend his DD Form 214 to reflect his AFA time as active duty time.  However, they recommend adding a statement to the remarks section of his DD Form 214 to show his Academy time, which was classified as inactive service.  Although Title 10, Section 101 describes active duty to include full-time service at a school designated as a service school by law or by the Secretary of the military department concerned, Title 10, Section 971 is very clear in which it states that officers may not count service performed while serving as a cadet or midshipman. Counting service as a cadet or midshipman is prohibited in computing length of service for any purpose for an officer in the Navy or Marine Corps, a commissioned officer of the Army or Air Force, an officer in the Coast Guard, or an officer in the Commissioned Corps of the Public Health Services.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 29 Dec 17 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

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

3.  After reviewing all Exhibits, the Board concludes the applicant has presented evidence sufficient to demonstrate an error regarding part, but not all, of his request.  In this regard, we agree with the opinion and recommendation of AFPC/DP2LT that a statement should be added to his DD Form 214 to reflect his Academy time.  With respect to the applicant’s request to amend his DD Form 214 to include his service while attending the Air Force Academy (AFA), as noted by  AFPC/DP2LT  officers may not count service performed while serving as a cadet or midshipman.  Therefore, we conclude the applicant has failed to sustain his burden of proof that he has  been the victim of an error or injustice,   As such, the Board finds no basis to recommend granting the relief sought in this portion of the applicant’s request.  Therefore, the Board recommends the  applicant’s records be corrected to the extent below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his DD Form 214, Certificate of Release or Discharge from Active Duty, block 18, Remarks, reflects the statement, “ATTENDED USAF ACADEMY IN CADET STATUS FROM 29 JUN 92 TO 28 MAY 96.  SERVICE IS NOT CREDITABLE FOR ANY PURPOSE WHEN COMMISSIONED IAW TITLE 10, U.S.C., SECTION 971.”

However, regarding the remainder of the applicant’s request, the Board recommends the applicant be informed the evidence did not demonstrate material error or injustice and the application could 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-2017-02277 in Executive Session on 25 Apr 18:

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 28 Apr 18.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2LT, dated 30 Nov 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 29 Dec 17.

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