RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01885
		INDEX CODE:  113.04

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His four-year Air Force Reserve Officer Training Corps (AFROTC) obligation be waived to two years since he only received two years of AFROTC sponsorship.

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APPLICANT CONTENDS THAT:

He believes the four-year active duty service commitment (ADSC) he received for his two-year pre-Health Professions Scholarship Program (HPSP) scholarship is unjust.  This ADSC does not parallel other very similar scholarship programs, most notably the HPSP scholarship program.  A four-year HPSP scholarship has a four-year ADSC.  However, the three-year HPSP scholarship has a three-year commitment, not a four-year commitment (one year ADSC for each scholarship year paid).  Based on this, he feels his two-year pre-HPSP scholarship should have a two-year ADSC (one year ADSC for each scholarship year), not a four-year ADSC.  This would change his ADSC from 9 June 2005 to 9 June 2003.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant was sponsored through AFROTC from 1987-1989 and AFHPSP from 1989-1993.  He was selected for Anesthesiology at Wilford Hall Medical Center, Lackland AFB, TX from 1993-1997.

Applicant acknowledges he was awarded the AFROTC and Armed Forces Health Professions Scholarships (AFHPSP).  He signed contracts for both scholarship programs as well as a statement of understanding that he would incur four years of ADSC for participation in AFROTC to be served consecutively to his AFHPSP commitment of four years.

Applicant signed his AFROTC scholarship contract on 9 September 1987.  He received his second lieutenant reserve commission appointment on 20 May 1989 and on 21 May 1989 was transferred from the line of the Air Force to the Medical Service Corps to begin his four-year AFHPSP effective 21 August 1989.  He was commissioned as an Air Force officer through AFROTC which resulted in a four year ADSC.

Applicant signed his AFHPSP contract on 15 February 1989.  The Statement of Understanding signed by applicant is an addendum to all AFHPSP contracts, which states that the remaining commitment of four years will be served consecutively with his commitment incurred through the HPSP.

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AIR FORCE EVALUATION:

The Chief, Physician Education Branch, AFPC/DPAME, recommends disapproval.  He indicates that Air Force Medical Service (AFMS) ADSCs are governed by public law and DOD Instruction and are implemented by Air Force policy.  The applicant received monetary benefits for both programs and received the appropriate ADSCs.  The ADSCs were calculated correctly and implemented upon completion of his Anesthesiology training program on 30 June 1994.  The rules in effect at the time an individual signs his contract should be binding on both the Air Force and the individual.  Applicant had knowledge of these rules as outlined in his contracts.  He signed contracts that clearly stated what his ADSCs would be for AFROTC and AFHPSP.

A complete copy of the evaluation, with attachments, is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 August 2001, a copy of the Air Force evaluation was forwarded the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After reviewing the evidence of record, we are not persuaded that the applicant’s records are in error or that he has been the victim of an injustice.  His contentions are noted; however, in our opinion, the detailed comments provided by the appropriate Air Force office adequately address those contentions.  The applicant signed contracts for both scholarship programs as well as a statement of understanding that he would incur four years of ADSC for participation in AFROTC to be served consecutively to his AFHPSP commitment of four years.  The applicant quotes an Air Force press release that indicates members would have a chance to be heard if they believed they were not being treated fairly under changes to the rules on ADSCs. However, in addition to the statement pointed to by the applicant, the press release also stated that “Air Force members will maintain their current ADSCs as reflected on the signed AF Forms 63 in their personnel files....airmen will move under the new rules as they sign new ADSC commitments.”  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 3 October 2001, under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 3 Jul 01, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPAME, dated 25 Jul 01, w/atchs.
	Exhibit D.	Letter, AFBCMR, dated 10 Aug 01.