RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-02131

XXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, Block 12, Record of Service reflect the following:
a.	Block 12a., Date Entered AD This Period, from “2020 Apr 01” to “2016 May 17.”  
b.	Block 12c., Net Active Service This Period, from “00 03 00” to “01 01 15.”  
c.	Block 12e., Total Prior Inactive Service, from “03 10 15” to “00 00 00.” 
d.	Block 12h., Initial Entry Training, from “2020 Apr 01” to “2016 May 17.”  

APPLICANT’S CONTENTIONS

He included a copy of the Deputy Assistant Secretary of the Air Force and Director of Defense Finance and Accounting Service memorandum because there have been issues with determining how to count time at Uniformed Services University of the Health Sciences (USUHS) in the past.  It states students shall serve in active duty in pay grade O-1 and that service will be credited under any provision of law based on active service unless explicitly excluded.  There are only two defined instances where this time may not be counted, determination of base pay under 37 USC 205, and determination of eligibility for retirement.  Block 18, Remarks of his DD Form 214 used language more restrictive than the memorandum.  His DD Form 214 shows this time as inactive service.

Because of the way the remarks are written in Block 18 of his DD Form 214, he would have believed the Veterans Administration would use these remarks to verify his eligibility for benefits like home loans or GI Bill, among others.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force captain (O-3).

On 23 Jan 16, the applicant signed a Fiscal Year 2016 Armed Forces Service Agreement, Uniformed Services University of the Health Sciences (USUHS).

On 17 May 16, according to AF Form 778, Reserve Appointment Order, XXXXX, dated 8 Jun 16, the applicant was appointed as a second lieutenant in the Air Force Reserve.

On 23 Jun 16, according to AF IMT 766, Extended Active Duty Order, XXXXX, dated 8 Jun 16, the applicant was ordered to active duty and assigned to the USUHS as a student.

On 1 Apr 20, according to Department of the Air Force Special Order XXXXX, dated 1 Apr 20, upon graduation from the USUHS, the applicant was appointed as a captain in the Regular Air Force.

On 30 Jun 20, the applicant was furnished an honorable discharge, and credited with 3 months active service.

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

AIR FORCE EVALUATION

AFPC/DP2LT recommends denying the application.  Based on the law, time spent in USUHS is not creditable for pay or active duty service.  It is only creditable towards computation of retired pay which is determined by the 1405 date.

The applicant commissioned as a Regular Air Force Medical Service Corps second lieutenant in the USUHS program on 17 May 16.  He graduated on 31 Mar 20 and commissioned as a captain in the Medical Corps on 1 Apr 20.

In accordance with Title 10, United States Code (USC), Section 2114 (10 USC 2114), medical students shall be commissioned officers of a uniformed service, shall be appointed as regular officers in the grade of second lieutenant, and shall serve on active duty in that grade.  Service credit exclusions specified in 10 USC 2126 shall apply to students covered in this section.

10 USC 2126 states service performed while a student in the USUHS program shall not be counted in determining eligibility for retirement (total active federal military service), or in computing years of service for pay.  

However, the Office of the Assistant Secretary of Defense memorandum, Credit for Time Served at the Uniformed Services University of the Health Sciences (USUHS) in Computing Military Retired and Retainer Pay, dated 1 Jul 02, and referenced by the applicant, authorizes awarding credit toward the 1405 date (retirement pay multiplier) for retirement pay purposes.  It also refers to the 10 USC 2126 exclusions related to determination of the applicable rate of basic pay (longevity pay), and determination of eligibility for retirement (active duty credit).  Finally, it does state there is no exclusion with respect to the computation of retired pay, and years of service at USUHS as a medical student are creditable in computing retired pay.  Department of Defense 7000.14-R, Financial Management Regulation, Volume B, Chapter 1, Paragraph 010403C also states time served in the USUHS is creditable in computing retired pay. 

The complete advisory opinion is at Exhibit C.

AFPC/DP2SSR recommends denying the application.  There is no error or injustice with the DD Form 214 preparation.  In accordance with Air Force Instruction 36-3202, Separation Documents, and the DD Form 214 Personnel Services Delivery Guide, the total active federal military service date does not include active duty time while a student at USUHS; therefore, the start of attendance does not go into Block 12a (date entered active duty).  USUHS attendance is included in the remarks section to provide service members credit toward retirement pay (1405 date).  

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent copies of the advisory opinions to the applicant on 15 Feb 22 for comment (Exhibit E), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was 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 recommendations of AFPC/DP2LT and AFPC/DP2SSR and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant’s active duty service time, as reflected on his DD Form 214, was prepared in accordance with law and Air Force guidance.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, 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-2021-02131 in Executive Session on 6 Apr 22:

, Chair, AFBCMR 
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atch, dated 12 Jun 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2LT, w/atchs, dated 10 Feb 22.
Exhibit D:	Advisory Opinion, AFPC/DP2SSR, dated 14 Feb 22.
Exhibit E:	Notification of Advisory, SAF/MRBC to Applicant, dated 15 Feb 22.

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.