RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04785

   	COUNSEL: NONE 

	HEARING: NO

APPLICANT REQUESTS:

She receive additional active duty service credit for the period of time she spent in the Uniformed Services University of the Health Sciences (USUHS) from 24 Aug 87 through 16 May 92.

APPLICANT CONTENDS:

OASD(FMP) memorandum, dated 1 Jul 17 (sic), authorizes USUHS service to be used as active duty service credit for computing retired pay.    

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant served in the Medical Services Corps (MSC) while on active duty. 

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 commissioned as an Air Force second lieutenant MSC officer in the USUHS program on 22 Jun 87, and completed her requirements on 15 May 92; a period of 4 years, 10 months, and 24 days.  Upon completion of her requirements, she was commissioned as a Regular Air Force Capt in the Medical Corps on 16 May 92.  In accordance with Title 10 Sections 2114 and 2126, time spent in USUHS does not count towards retirement (active duty service) or longevity pay.   However, in accordance with the above mentioned OASD memorandum and DoD 7000.14-R, Vol 7B, Chap 1, Para 010303B, Voluntary Retirement Commissioned Officer, the time spent in the program is creditable towards the retirement pay multiplier (1405 date).  The retirement pay multiplier is established upon completion of 18 years of active duty service and is generally used to determine the retirement pay for those retiring with 20 or more years of active duty service.

The applicant did not voluntarily retire upon completion of 20 or more years of service; but was released from active duty on 23 Aug 04 and placed on the Temporary Disability Retired List (TDRL), effective 24 Aug 04, after completing 12 years, 3 months, and 8 days of active duty service.

Recommend denial of request.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice for applicant not receiving credit for her time spent in USUHS.  

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 12 Jun 18 for comment (Exhibit D), and the applicant replied on 11 Jul 18.  In her response, the applicant reiterates her contention her medical retirement was not voluntary, and she did serve those years in USUHS.  The applicant’s complete response is at Exhibit E. 

THE BOARD CONCLUDES:

1.  The application was not 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 Board concurs with the rationale and recommendation of AFPC/DP2LT and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2017-04785 in Executive Session on 25 Jul 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 25 Oct 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2LT, dated 10 Apr 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 12 Jun 18.
Exhibit E:  Applicant’s Rebuttal, dated 11 Jul 18.  

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings for Docket Number BC-2017-04785 required by AFI 36-2603, paragraph 4.11.9.