RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02221
		INDEX CODE:  113.04

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

Her three-year Active Duty Service Commitment Date (ADSCD) resulting from the Air Force Intern Program (AFIP) be waived.
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APPLICANT CONTENDS THAT:

The three-year AFIP ADSC was based on her attendance in the graduate-level coursework at George Washington University (GWU) in conjunction with the AFIP.  However, due to a recent change in the AFIP policy that allows only those officers who do not already have a graduate-level degree to attend the GWU portion, she was not selected to attend GWU.  Consequently, she and 14 other interns will not be receiving any of the advanced education assistance on which the ADSC is based and for which the ADSC was agreed.

In support of her request, the applicant submits a copy of her AF Form 63 (Active Duty Service Commitment (ADSC) Acknowledgment Statement), a copy of a memorandum for Major General XXXX, copies of HQ AFPC messages concerning AFIP, HQ USAF/DPLE messages concerning the modifications to AFIP and additional documents associated with the issues cited in his contentions.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS) reveals the applicant’s Total Federal Commissioned Service Date (TFCSD) as 26 November 1994.  She was progressively promoted to the grade of captain, with an effective date and date of rank of 4 July 1998.  The applicant is currently assigned to the Pentagon as an Air Force intern, with an ADSCD of 21 August 2008.

Information extracted from applicant’s submission reveals the AF Form 63, ADSC Acknowledgement Statement, signed on 17 January 2003, indicates that the three-year ADSC she incurred was for the Air Force Intern Program (AFIP).
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AIR FORCE EVALUATION:

HQ AFPC/DPAPE states that the three-year ADSC is consistent with all USAF developmental education programs at or over one-year in length.  The three-year ADSC associated with AFIP is not and has never been contingent upon the graduate-level coursework/degree at GWU, therefore, the basis of the applicant’s ADSC waiver is invalid.  The HQ AFPC/DPAPE evaluation is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and indicated that it is true that the AFIP ADSC is not contingent on the graduate degree; specifically, the master’s degree in Organizational Management from George Washington University (GWU).  If an intern did not choose the option to earn the degree, that intern would still be obligated to serve the three-year ADSC.  However, it is not true that the AFIP ADSC is not and has never been contingent on graduate-level coursework.  There is no mention that entering AFIP with a graduate degree would disqualify an intern from participating in the coursework and having the option to earn the degree.  The vast majority, if not all, of the “USAF developmental education programs,” including AFIP, require graduate-level coursework and offer a degree.  It is not a “given” that the AFIP ADSC is not and has never been contingent on the GWU coursework and degree.  In fact, the opposite is true.  Until the March 2003 e-mail and long after the AFIP nomination, application and acceptance process was complete in December 2002 and the AFSC AF Form 63 was signed in January 2003, the GWU coursework was a required component of AFIP, the GWU degree was an optional component and both were integral to the ADSC incurred by interns.  The coursework and degree are not available to her and the other interns who entered AFIP with a graduate degree; thus, the basis of the ADSC waiver is valid.  The applicant’s complete submission, with attachments, is at Exhibit D.
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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 error or injustice.  After a thorough review of the applicant’s submission, we are unpersuaded that her three-year ADSCD should be waived.  Her contentions are duly noted.  Although the applicant believes the AFIP policy changes concerning the criteria for selection for the Advanced Academic Degree Program (AADP) is unfair, we disagree.  We note that the AFIP ADSC is not contingent on a graduate degree and that the three-year ADSC is consistent with all Air Force developmental programs.  Inasmuch as the applicant’s AFIP ADSC was established in accordance with Air Force policy and she has not been treated any differently than similarly situated individuals, she has not been the victim of an error or injustice.  In view of the above and absent sufficient evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.
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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of 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 [Board considered Docket Number BC-2003-02221 in Executive Session] considered this application in Executive Session on 17 December 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:
The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2003-02221.

   Exhibit A.  DD Form 149, dated 25 Jun 03, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPAPE, dated 20 Oct 03.
   Exhibit C.  Letter, SAF/MRBR, dated 31 Oct 03.
   Exhibit D.  Letter from Applicant, dated 20 Nov 03, w/atchs.