RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-02824

XXXXXXXXX	COUNSEL: XXXXXX
	
	HEARING REQUESTED: YES	

APPLICANT’S REQUEST

1. His source of commissioning be changed from Air Force Reserve Officer Training Corps (AFROTC) to United States Merchant Marine Academy (USMMA).

2.  Consider adding USMMA as a commissioning source.  (Not within the Board’s Authority)

APPLICANT’S CONTENTIONS

His commissioning source represented as "ROTC [Reserve Officer Training Corps] 4-year Financial Assistance Grant" is the most incorrect representation of how he entered active duty, as he has never spent a single day as an ROTC cadet.  The USMMA is a federal, four-year Service Academy.  Like the other three recognized commissioning sources; the United States Naval Academy (USNA), the United States Air Force Academy, and the United States Military Academy (USMA), and unlike the United States Coast Guard Academy (USCGA), it requires a nomination from a Congressman or Senator, a DoD Medical Examination Review Board  physical, and an application/acceptance to attend.  USMMA is run by midshipmen who wear uniforms every day and adhere to naval regulations, customs, and courtesies.  

Upon graduation, midshipmen can either enter active duty in any branch, the Navy Reserve and/or sail commercially with the US Coast Guard license they receive.  Normally, a recruiter from each branch of service is stationed on campus; however, due to sequestration, or deployment, the Air Force Recruiter was not present to handle his accession paperwork.  Therefore, all 12 accessions were handled by the AFROTC detachment from his college.  He believes this error was unintentional and just a result of a lack of knowledge in how to commission USMMA graduates.

His education at USMMA is notated as “Military Service Academy” on his career brief but for some reason it did not translate to the commissioning source.  The best solution is to add USMMA as a commissioning source, as it would then align it with the other service academies.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 18 Jun 16, according to a diploma provided by the applicant, he graduated from the United States Merchant Marine Academy, with a Bachelor of Science degree.
	
On 24 Jun 16, according to AF Form 1056, Air Force Reserve Officer Training Corps (AFROTC) Contract, the applicant signed a contract as an Officer Candidate.

On 24 Jun 16, according to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, he enlisted in the Air Force Reserves, Obligated Reserve Section (ORS), in the grade of E-3.

On 29 Sep 16, according to Reserve Order XXXXX, dated XX Sep 16, the applicant was appointed as a Reserve of the Air Force in the rank of second lieutenant (O-1).  He was relieved from assignment to HQ ARPC ORS and honorably discharged from USAFR enlisted status, effective the day proceeding acceptance of commission.

On 30 Sep 16, according to Special Order XXXXX, dated XX Sep 16, the applicant  was voluntarily ordered to active duty for an indefinite period in the rank of second lieutenant.

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

AIR FORCE EVALUATION

AFPC/DPMLT recommends denying the applicant’s request to change his source of commissioning from AFROTC to the USMMA.  He was commissioned as a second lieutenant  in the Reserve of the Air Force via AFROTC on 29 Sep 16 and was voluntarily ordered to and entered extended active duty on 30 Sep 16.  

In accordance with Department of Defense Instruction (DoDI) 1322.22, Service Academies, Section 3, paragraph 1, Academies are 4-year educational institutions operated by each branch of the Military Departments (USMA, USNA, and USAFA) to provide successful candidates with degrees of Bachelor of Science and commissions as military officers.  As such, USMMA midshipmen cannot directly be commissioned to the United States Air Force or the United States Space Force.  However, they can earn a commission to either by becoming a member of AFROTC Detachment 560 via the crosstown agreement.  

DoDI 1215.08, Senior Reserve Officers’ Training Corps (ROTC) Programs, Section 3, paragraph 3.1.e(3) Cross-Town, states that a cross-town describes an institution that has an agreement with both a host ROTC unit’s institution and with the ROTC headquarters of a Military Department that would allow its students to enroll in the ROTC program of the host unit. Cadets and midshipmen at this institution attend ROTC classes and activities on the campuses of the host unit and the cross-town institution if necessary. As such, the source of commission for midshipmen who successfully complete the AFROTC graduation and commissioning requirements will reflect the source of commission as AFROTC.  The USMMA, although not a commissioning source, is reflected in the applicant’s military records as the educational institution.  Therefore, based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  His source of commissioning correctly reflects AFROTC.  To grant relief would be contrary to the criteria established by the law and/or guidance in effect at the time.

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 12 Dec 22, for comment (Exhibit D), 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.  USMMA midshipmen cannot directly be commissioned to the United States Air Force or the United States Space Force.  Therefore, in accordance with DoDI 1215.08, the applicant’s source of commissioning correctly reflects AFROTC.  In view of the foregoing, the Board concurs with the rationale and recommendation of AFPC/DPMLT and finds a preponderance of the evidence does not substantiate the applicant’s contentions. In addition, the applicant’s request to consider adding USMMA as a commissioning source is not within the Board’s authority. Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2022-02824 in Executive Session on 19 Jan 23:

, 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 28 Oct 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DPMLT, w/atchs, dated 2 Dec 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 12 Dec 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.