RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03938

	COUNSEL: NONE

	HEARING: YES

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, block 15b., be changed to reflect “YES” to show he received his commission through an Air Force Reserve Officers’ Training Corps (ROTC) scholarship.

APPLICANT CONTENDS THAT:

He received a four-year scholarship and was commissioned into the Air Force under the scholarship program.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant was an Air Force captain during the period in question and is currently a Reserve of the Air Force major.  

On 19 May 06, the applicant was commissioned in the Reserve of the Air Force and entered an Educational Delay which allowed him to complete the  requirements to become a Judge Advocate General (JAG) officer.

On 9 May 09, the applicant was awarded Doctor of Jurisprudence degree from Texas Tech University School of Law.

On 11 Dec 09, the applicant was commissioned in the Reserve of the Air Force.

On 5 Jan 10, the applicant was ordered to extended active duty.  

On 29 Mar 15, the applicant was honorably released from active duty and transferred to the Air Force Reserve and his DD Form 214, block 15.b., Commissioned Through ROTC Scholarship, is marked “NO”. 

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 recommends denying the application.  The applicant never entered onto active duty prior to being re-oathed as a JAG officer. Based on the period of active duty listed on his DD Form 214, blocks 12 a., b., and c., his source of commission was JAG not ROTC.  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 6 Jun 18 for comment (Exhibit D), but has received no response.

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.  The Board concurs with the rationale and recommendation of AFPC/DP2LT 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-2017-03938 in Executive Session on  1 Aug 18:

	Panel Chair
	Member
	Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 20 Aug 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2LT, dated 20 Mar 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 6 Jun 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9, for Docket Number BC-2017-03938.