RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-03074

	COUNSEL:  NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect his active duty training at the Air Force Officer Training Corps (AFROTC) summer camp in July and August 1954.  

APPLICANT’S CONTENTIONS

He needs his records to show service that qualifies him as a non-peacetime veteran to qualify for reduced real estate taxes and Department of Veterans Administration health benefits.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force Reserve captain (O-3).

On 21 August 1954, according to a certificate provided by the applicant, he completed AFROTC Summer Camp.

On 1 June 1955, according to AF Form 133, Oath of Office (Military Personnel), the applicant was appointed as a second lieutenant (O-1) in the Air Force Reserve.

On 31 January 1958, according to DD Form 214, the applicant was released from active service, having served a period of active service from 2 August 1955 to 31 January 1958.  He was credited with 2 years, 5 months and 29 days of active service.

On 19 March 1970, according to Reserve Orders CB-1696, the applicant was honorably discharged from the Air Force Reserve.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY

DoDI 1215.07, Service Credit for Non-Regular Retirement.  In the case of an officer with service as a cadet or midshipman at a Service academy, the date for the start of a Service member’s initial anniversary year will be established by the date the Service member entered into active service.
 
ARPCI 36-3203, Computation of Creditable Service for Reserve Retired Pay.  ROTC Service after 12 October 1964, is not creditable in determining entitlement to retired pay pursuant to Title 10 United States Code, Section 12732.

AIR FORCE EVALUATION

ARPC/DPTS recommends denying the application.  There is no evidence of an error or an injustice.  According to AFR 39-33, Separation Processing, a DD Form 214 is furnished to each Airman separated from active military service in the Air Force for any reason, except active military service for training only.  Participation in AFROTC does not count towards a service member’s active duty service in the Air National Guard or Air Force Reserve.  The rationale is because a service member has not officially commissioned into the United States military and participation in a summer camp does not constitute active duty service.  AF Form 712, Air Reserve Forces Retirement Credit Summary, captures the applicant’s participation on active duty and inactive duty on a yearly basis.  The applicant’s first year of participatory time did not start until 1 June 1955.  His DD Form 214 captures his only qualifying period of active duty from 2 August 1955 to 31 January 1958.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 15 April 2020 for comment (Exhibit D), and the applicant replied on 1 June 2020.  In his response, the applicant contends:  (1) Participants in AFROTC summer encampments considered the service equivalent to active service in part because of legislative changes; (2) The term “summer encampment” is used as a subcategory of “active duty for training” in congressional testimony;  (3) The text of legislation groups “active duty for training” and “active duty” in referring to some statutory provisions and (4)  The most current version of the DD Form 214 has a block that can be assigned to Active Duty for Training separate from and prior to active service.  

The applicant’s complete response, with attachments, is at Exhibit E.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board notes applicant was not commissioned into the Air Force until 1 June 1955; consequently, his participation in a summer camp in 1954 does not constitute active duty service.  Therefore, the Board concurs with the rationale and recommendation of ARPC/DPTS 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 of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-03074 in Executive Session on 28 May 2020 and 12 June 2020:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 6 June 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, w/atch, dated 5 March 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 15 April 2020.
Exhibit E: Applicant’s response, w/atchs, dated 1 June 2020.

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