RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00297

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO 

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, dated 18 Dec 85, item 12d, (Total Prior Active Service) be changed to read 1 year, 2 months and 3 days.

APPLICANT’S CONTENTIONS

His DD Form 214 does not include 11 months and 4 days of prior service which is the time he spent as a cadet at the Air Force Academy.  It only includes 2 months 29 days which is the time he spent at Officer Training School (OTS) 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a discharged Air Force captain (0-3).

On 18 Sep 20, AFPC corrected the applicants DD Form 214, dated 18 Dec 85 by issuing a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect 1 year, 1 month and 23 days in block 12e (Total Prior Inactive Service).  The DD Form 215 has been sent to the applicant.

The applicant served in the Air Force from 19 Oct 73 to 18 Dec 85 and was credited with 12 years and 2 months of active service, with 2 months and 29 days credited as total prior active service, according to the DD Form 214 he provided. 

According to the DD Form 214 the applicant provided, he was a cadet at the Air Force Academy from 24 Jun 68 to 27 May 69 and was credited with 11 months and 4 days.

APPLICABLE AUTHORITY

Title 10 U.S. Code 971 - Service credit:  officers may not count service performed while serving as cadet or midshipman.  

(a) Prohibition on Counting Enlisted Service Performed While at Service Academy or in Navy Reserve.  The period of service under an enlistment or period of obligated service while also performing service as a cadet or midshipman or serving as a midshipman in the Navy Reserve may not be counted in computing, for any purpose, the length of service of an officer of an armed force or an officer in the Commissioned Corps of the Public Health Service.

(b) Prohibition on Counting Service as a Cadet or Midshipman.  In computing length of service for any purpose, service as a cadet or midshipman may not be credited to any of the following officers: 
(1) An officer of the Navy or Marine Corps.
(2) A commissioned officer of the Army or Air Force.
(3) An officer of the Coast Guard.
(4) An officer in the Commissioned Corps of the Public Health Service.

(c) Service as a Cadet or Midshipman Defined.  In this section, the term “service as a cadet or midshipman” means— 
(1) service as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy; or
(2) service as a midshipman at the United States Naval Academy.

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 finds a preponderance of the evidence does not substantiate the applicant’s contentions.  In accordance with Title 10 U.S. Code 971, Service Credit, officers may not count service while performing as a cadet in computing length of service for any purpose.  However, the applicant was issued a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, that reflects 1 year, 1 month and 23 days in block 12e (Total Prior Inactive Service).  The Board also notes the applicant did not file the application within three years of 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-2020-00297 in Executive Session on 6 Oct 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 9 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.