RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-03060 INDEX CODE:	131.00
XXXXXXXXXXXX	COUNSEL:	NONE HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
The active duty service commitment (ADSC) she incurred upon entry to the Air Force Judge Advocate General (JAG) Corp on 11 Jan 2001, be changed from four years to two years.

APPLICANT CONTENDS THAT:
She was approved for a $25,000 Judge Advocate Continuation Pay (JACP) payment on 11 Jan 03. In exchange for the special pay, she agreed to serve three additional years on active duty as an Air Force JAG. After she satisfied the three-year commitment, it was alleged an error was made in calculating the ADSC she incurred upon her entry into the JAG Corps in 2001 which rendered her ineligible for JACP altogether. She honored the three-year ADSC she incurred upon acceptance of the $25,000 JACP payment, successfully completing a contractual obligation. The JAG Corps reaped the benefit of its bargain, receiving three years of honorable and faithful service. The recoupment action does not acknowledge her fulfillment of this obligation and the deduction of monies from her pay which commenced on 1 Jun 08 constitutes a breach of contract. The approval of her first JACP contract and the promise of two follow-on JACP contracts were absolutely critical factors in her decision to remain in the JAG Corps. She made irreversible career and family decisions based on the confirmation of her eligibility for JACP and length of her initial ADSC.

In support of her request, applicant submits a personal statement, documents associated with her JACP waiver request, Leave and Earning Statements dated 1 Jun 08 - 1 Aug 08, excerpts of governing Air Force Instructions and statutory laws. The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
The Military Personnel Data System (MilPDS) indicates the applicant’s Total Active Federal Commissioned Service Date and Total Federal Commission Service Date as 22 Jun 94.   She is

currently serving on active duty in the grade of major, having assumed that grade effective and with a date of rank of 1 Oct 04.

AIR FORCE EVALUATION:
USAF/JAX recommends approval. JAX states that when the applicant submitted her second JACP application her ADSC error for her intraservice transfer was discovered. This error impacted her eligibility for the first JACP contract. A judge advocate cannot apply for a JACP contract until after completing the initial ADSC into the JAG Corps. The applicant's initial ADSC should have been four years vice two years. The AFI governing JACP in Jan 05 stated judge advocates with 10 or more years of total active federal commissioned service (TAFCS) were ineligible for a JACP contract. The applicant had 10 years TAFCS in Jan 05. Realizing the applicant's ineligibility even for the first JACP contract, she was coded ineligible for the second contract in the JACP database, thereby deleting her second JACP application. On 9 Jun 08, the applicant submitted a Waiver/Remission of Indebtedness Application to DFAS. On 14 Aug 08, the DFAS Office of Hearings and Appeals waived the government's claim against the applicant in the amount of $25,000. JAX states that although DFAS has waived the government's claim regarding the first JACP contract distribution, the applicant remains ineligible for a second JACP contract. Adjusting her ADSC will make her eligible for a second JACP contract. The complete USAF/JAX evaluation, with attachments, is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was sent to the applicant on
15 Oct 08 for review and comment within 30 days.	As of this date, this office has received no response.

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. The applicant's complete submission was thoroughly reviewed and her contentions were duly noted. However, the JACP contract into which the applicant entered clearly advised her she was subject to a four- year ADSC. While we understand the applicant relied upon advice from the office of primary responsibility, the language of the JACP contract is clear and unambiguous.  Moreover, in accordance
1.	
with the governing JACP instruction, the applicant was ineligible for JACP due to her TAFCS. Therefore, we are not persuaded that waiver consideration is warranted. We noted that recoupment action on the initial JACP contract has been waived by appropriate authorities and believe this is the appropriate relief the applicant is entitled to based on the circumstances presented.

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 issues involved. Therefore, the request for a hearing is not favorably considered.

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 evidence not considered with this application.

The following members of the Board considered Docket Number BC- 2008-03060, in Executive Session on 15 Jan 09, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence pertaining to Docket Number BC-2008-03060 was considered:

Exhibit A.	DD Form 149, received 18 Aug 08, w/atchs. Exhibit B.	Letter, USAF/JAX, dated 9 Oct 08, w/atchs. Exhibit C.	Letter, SAF/MRBR, dated 15 Oct 08.

Panel Chair