RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-03423
								INDEX CODE:  113.04
	XXXXXXXXXXXXXXXXXX			COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Active Duty Service Commitment (ADSC) of 18 February 2012 be changed to 29 June 2010.

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APPLICANT CONTENDS THAT:

For the past seven years, the Military Personnel Data System (MilPDS) has reflected his date of separation (DOS) as 29 June 2010.  He requested ADSC verifications in 2002, and again in 2007, to confirm that the MilPDS ADSC was correct, and it was confirmed as correct.

He has made life-plans (fellowship training, deployment, etc.) around an ADSC of 2010.

In support of his appeal, he has provided copies of an AFPC/DPAME letter changing his ADSC to 18 February 2012, and an e-mail trail containing verification that his ADSC of 29 June 2010 was confirmed as correct by his Military Personnel Flight (MPF).

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was sponsored through the Uniformed Services University of the Health Sciences (USUHS) from 1990-1994, which resulted in a seven-year ADSC.  

In 1999, the applicant was selected by the Graduate Medical Education (GME) Selection Board for orthopedic surgery training.  He secured a training vacancy with the Department of Orthopedics at the Oregon Health Sciences University for the period 1 October 2000 through 30 September 2005, and, on 19 May 2000, signed an ADSC Statement containing an incorrect ADSC of 29 September 2010.  In October 2003, his completion date for orthopedic residency training was adjusted to 30 June 2005, and his ADSC was adjusted to an incorrect date of 29 June 2010.  He acknowledged this adjustment on 6 November 2003.

The applicant completed orthopedic training on 30 June 2005, which resulted in an additional 5-year ADSC.  Although ADSCs are normally calculated based on stop-dates of training, the 29 June 2010 ADSC, as calculated, was incorrect as it did not include 1 year, 7 months, and 19 days remaining on his ADSC for his previous USUHS sponsorship. 

On 11 March 2007, the applicant requested separation under the PALACE CHASE Program which was subsequently disapproved.  In conducting a review of his PALACE CHASE application, AFPC/DPAME discovered the error in the calculation of his ADSC of 29 June 2010, and adjusted it to 18 February 2012 to include the 1 year, 7 months, and 19 days remaining for his previous USUHS sponsorship.

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AIR FORCE EVALUATION:

AFPC/DPAME recommends denial based on the fact that all civilian sponsored, funded training results in an additional ADSC to be served consecutively to an existing ADSC.  The applicant is requesting that his ADSC incurred for civilian sponsored orthopedic training be served concurrently, instead of consecutively, to his former ADSC for USUHS sponsorship.  Furthermore, he is requesting an ADSC of 29 June 2010, a date computed in error.

An error occurred when calculating his ADSC to incorporate his civilian sponsored orthopedic residency sponsorship and his remaining ADSC for USUHS sponsorship.  His ADSC was established as 29 June 2010, when, in fact, it should have been established as 18 February 2012, and MilPDS has been updated to reflect the correct ADSC.

The applicant indicates he was advised by the McChord AFB MPF that his civilian sponsored ADSC would be served concurrently with his pre-existing USUHS ADSC.  Regardless of what he claims to have been told, all civilian sponsored, funded training results in an additional ADSC to be served consecutively to an existing ADSC.  He was aware that he had a pre-existing ADSC of 1 year, 7 months, and 19 days remaining for his USUHS sponsorship, and adding 5 years to the anticipated completion date of 30 June 2005 would have resulted in an ADSC of 18 February 2012.  When errors occasionally occur in ADSC calculations, their experience has been that the obligated officers contact them with questions about the discrepancy, regardless of whether the error was in their favor or not.  Obligated medical officers are keenly aware of the dates of their service obligations, and AFPC relies on the integrity of obligated officers to disclose an ADSC that has been calculated erroneously.  It is not acceptable to assume that an error removes accountability.

The ADSC Statement signed by applicant clearly states that an ADSC may be recalculated based on changes in assignment, completion date(s), or an error in the original computation.  An audit of his records revealed an error in the original calculation and he was provided with a letter identifying the error on 27 September 2007.

The AFPC/DPAME evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 7 December 2007, for review and comment, within 30 days.  However, 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 error or injustice to warrant corrective action.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The applicant’s contentions are noted; however, all civilian sponsored, funded training results in an ADSC to be served consecutively to any existing ADSC(s).  Evidence has been presented that an error occurred when calculating his ADSC to incorporate his civilian sponsored orthopedic residency sponsorship and his remaining ADSC for previous USUHS sponsorship.  Although he may have been advised by his MPF that the erroneous ADSC was correct, ADSCs may be recalculated based on changes in assignment, completion date(s), or an error in the original computation.  When ADSC computation errors are discovered, they do not remove accountability for the correct ADSC.  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 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 Docket Number BC-2007-03423 in Executive Session on 30 January 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Oct 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAME, dated 6 Nov 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Dec 07.