RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03794 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His Active Duty Service Commitment (ADSC) be changed from 19 Aug 13 to 19 Feb 13. _________________________________________________________________ APPLICANT CONTENDS THAT: His orders reflect the 30-month commitment. He signed the commitment papers when he joined knowing it was for 30 months. In support of his request, the applicant provides a copy of his Financial Assistance Program (FAP) contract, and a copy of his AF IMT 766, Extended Active Duty Order. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant’s FAP contract reflects that he would complete his specialized training program and begin participation on 30 Jun 10. He committed to return 2 years and 6 months on extended active duty and 5 years and 6 months in the Inactive Ready Reserve (IRR) for receiving 1 year, 5 months, and 9 days of sponsorship in the Air Force FAP. The applicant’s AF IMT 766 dated 25 Mar 10, block 10, reflects he was ordered to active duty, voluntary, for a period of 30 months. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAME recommends denial. The applicant’s ADSC for the FAP sponsorship is 2 years and 6 months, which gives him a date of separation of 19 Feb 13. However, DPAME points-out that IAW the governing instructions the minimum term of service (MTOS) is 3 years. The applicant’s ADSC of 2 years and 6 months is correct; nevertheless, his MTOS is 3 years with an established ADSC of 19 Aug 13. The complete DPAME evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responds by stating that his FAP contract clearly states: a. Item 22 his term of service of 2 years and 6 months of active duty. b. Item 24 describes the FAP contract as a contract between him and the USAF and there are no other oral or other understandings that could affect this contract other than what is listed within the FAP contact. c. Item 12, paragraph a, states, the minimum active duty obligation (ADO) is 2 years or the time of participation in FAP plus one year whichever is greater. There is no mention of the governing instruction or MTOS of 3 years anywhere in the contract. He does not believe the FAP contract is designed to deceive applicants; however, his ADSC has been changed unjustly. The applicant’s complete submission, with attachments, is at Exhibit D. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. In this regard, we note the applicant provided a profusion of evidence, to include his signed FAP contract, which clearly states that he shall serve 2 years and 6 months on extended active duty. Although we note the Air Force office primary responsibility advises that the minimum MTOS of 3 years is in accordance with governing instructions, we believe that since the applicant’s contract reflects 2 years, and 6 months to serve on active duty, he should not be held liable for any additional service that is not reflected in the contract. Therefore, we recommend the records be corrected as indicated below. The Board suggests the Air Force should closely review future FAP contracts to reflect clear and specific MTOS to eliminate future errors. 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 involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that his Active Duty Service Commitment (ADSC) was established as 19 February 2013 rather than 19 August 2013. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03794 in Executive Session on 6 Mar 12, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Sep 11, w/atchs. Exhibit B. Letter, AFPC/DPAME, dated 14 Nov 11. Exhibit C. Letter, SAF/MRBR, dated 2 Dec 11. Exhibit D. Letter, Applicant, dated 28 Dec 11.