RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04625

XXXXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His total active federal military service date (TAFMSD) be corrected to the date he enlisted, 29 Jul 87.  

APPLICANT’S CONTENTIONS

He enlisted on 29 Jul 87 and was subsequently selected for a commissioning program through the Reserve Officer Training Corps (ROTC).  He was commissioned on 11 May 91 and activated as a communications officer on 30 Sep 91.  He was told he would not incur a break in service.  

It was not until he applied for retirement that he was notified he incurred a break in service due to the Air Force delaying his return to active duty after commissioning through ROTC.  He was provided with a service computation date from 15 Nov 91.  He repeatedly asked about the computation dates and was told it would fix itself on his retirement date.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force lieutenant colonel (O-5).  

On 29 Jul 87, the applicant enlisted in the Regular Air Force and was discharged on 15 Aug 89.  He was credited with 2 years and 17 days of active duty service.  

On 16 Aug 89, he enlisted in the Air Force Reserve Obligated Reserve Section for completion of ROTC.  

On 11 May 91, he was commissioned in the Reserve of the Air Force

He entered active duty on 30 Sep 91 and retired on 30 Sep 14, with 23 years and 1 day of active duty service for the period.   

His Statement of Service dated 15 Nov 91 shows his TAFMSD is 13 Sep 89.  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 denial.  The applicant was not awarded service credit for his time in the ROTC program because the law (10 U.S.C. § 2106) states no credit shall be awarded for time spent in the program.  

The applicant enlisted in the Air Force on 29 Jul 87 and was discharged from active duty on 15 Aug 89, for immediate enlistment into the Air Force Reserve ROTC program.  On 16 Aug 89, he enlisted into the Air Force Reserve Obligated Reserve Section.  Upon completion of his ROTC requirements, he commissioned as a Reserve second lieutenant (O-1) on 11 May 91.  He entered extended active duty on 30 Sep 91 and was separated on 30 Sep 14 for the purpose of retirement effective 1 Oct 14.  Only creditable active duty service is credited towards the TAFMSD.  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 18 Dec 19 for comment (Exhibit D), but has received no response.

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 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 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).  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-2019-04625 in Executive Session on 23 Apr 20:

 , 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 3 Sep 19. 
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2LT, dated 16 Dec 19.  
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 18 Dec 19.

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.