RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-01287

XXXXXXXXXXXXXXXX	COUNSEL:  NONE

	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Correct his retirement orders to include his enlisted service.

APPLICANT’S CONTENTIONS

His retirement orders do not include his enlisted time spent at the Prep School and the United States Air Force Academy (USAFA).

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 18 Jun 59, according to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, provided by the applicant, he was furnished an honorable discharge, in the grade of airman third class (E-2), and credited with 10 months and18 days of active service.

On 4 Jun 63, according to DD Form 214 provided by the applicant, he was furnished an honorable discharge, in the grade of AF Cadet, and credited with 3 years, 11 months, and 9 days of active service.

On 31 Jul 84, the applicant was furnished an honorable discharge, with Narrative Reason:  Voluntary Retirement for Years of Service Established by Law, and credited with 21 years, 1 month, and 26 days active service. 

On 1 Aug 84, according to Special Orders No. XXXX, dated 13 Jan 84, the applicant was relieved from active duty, organization and station of assignment, and retired, with 22 years and 21 days active service for retirement.

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

APPLICABLE AUTHORITY/GUIDANCE

Title 10, United States Code, Section 971 (10 U.S.C. § 971) Service credit:  Officers may not count service performed while serving as cadet or midshipman. 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.

AIR FORCE EVALUATION

AFPC/DP2LT recommends denying the request for award of active duty credit for time spent at the USAFA in accordance with 10 U.S.C. § 971.  Active duty for Prep School was already credited to the applicant’s Total Active Federal Military Service Date (TAFMSD).  The applicant enlisted in the Air Force Reserve on 17 Jun 58 and was ordered to extended active duty on 31 Jul 58 to attend the USAFA Prep School.  Upon completion of Prep School, he was released from active duty on 18 Jun 59, and transferred to the Air Force Reserve.  Based on the information on his 4 Jun 63 and 31 Jul 84 DD Forms 214 included in the application, he attended the USAFA as a cadet from 26 Jun 59 to 4 Jun 63, commissioned as a second lieutenant (O-1) and entered extended active duty (EAD) on 5 Jun 63.  He served on continuous active duty until his 31 Jul 84 date of separation for retirement purposes.

His active duty period for Prep School is a period of 10 months and 18 days as reflected on his DD Form 214 attached to his application.  His period of service at the USAFA is 3 years, 11 months, and 9 days.  In accordance with 10 U.S.C. § 971, the period of service under an enlistment or period of obligated service while also serving as a cadet at the USAFA under an appointment accepted after 25 Jun 56, may not be counted in computing, for any purpose, the length of service of an officer of the armed force.

When his enlisted service of 10 months and 18 days is subtracted for his 5 Jun 63 EAD date, his TAFMSD is 18 Jul 62; however, the TAFMSD reflected on his Officer Selection Brief is 10 Jul 62.  The applicant’s combined active duty periods recorded on his DD Form 214, dated 31 Jul 84, and his retirement order is based on the 18 Jul 62 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 1 Sep 21 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.  Credit for the applicant’s enlisted service while attending Prep School is reflected in the applicant’s TAFMSD.  In accordance with 10 U.S.C. § 971, the applicant’s service while a cadet was not counted in calculating his length of service as an officer in the armed service.  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-2021-01287 in Executive Session on 17 Feb 22:

, 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 25 Jan 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2LT, w/atchs, dated 31 Aug 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 1 Sep 21.

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.