RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00974

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Active Duty Service Commitment (ADSC) for his Financial Assistance Program (FAP) scholarship be adjusted from 4.5 years to 4 years. (ADMINISTRATIVELY CORRECTED FROM 30 DECEMBER 2018 TO 2 JULY 2018). 

His Total Active Federal Military Service Date (TAFMSD) and Total Active Federal Commissioned Service Date (TAFCSD) be adjusted to 23 June 2014, instead of 3 July 2014.  

APPLICANT CONTENDS THAT:

He agreed to a 4 year commitment for 3 years of funding.  He began residency orientation on 20 June 2011 and clinical duties on 1 July 2011.  He was slated to complete his residency on 30 June 2014, which was 3 years as stipulated on his contract.  

By end loading his accrued leave as requested by his assignment officer, he left his residency station on 20 June 2014 (10 days earlier than scheduled) in order to report to the Aerospace Medicine Primary Course and Career Officer Training (COT).   He arrived at Eglin AFB, FL on 23 June 2014 but was unable to report to the Military Personnel Flight until July 2014.  During this time, he completed squadron in-processing.   

In preparation for applying for a fellowship, he reviewed his records and found his Entered Active Duty (EAD) date was listed as 3 July 2014 and his ADSC for his FAP scholarship was 30 December 2018.  He contacted Air Force Medical Personnel to correct the discrepancies and received an e-mail stating his contract had been amended but neither he nor AFPC have a copy of the corrected contract.  His four year ADSC scholarship should be corrected to reflect he completed his FAP residency sponsorship effective 30 June 2014 to match the stated obligation and residency years.  He was told changes could be made by AFPC and was advised to submit an application to the AFBCMR.  

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

STATEMENT OF FACTS:

The applicant is in the Regular Air Force currently serving in the grade of major (O-4).  

The applicant provides a copy of his travel voucher which indicates he departed Portland, OR on 20 June 2014 and arrived at Eglin AFB, FL on 23 June 2014.  

AF IMT 766, Extended Active Duty Order, Special Order AH-1001 dated 26 June 2014, Item 13, Effective Date of Duty, shows as 3 July 2014.  

The applicant’s Military Personnel Data System (MILPDS) records reflect his EAD date, TAFMSD and TAFCSD as 3 July 2014.  

In a letter dated 7 June 2016, AFPC/DP2NP informed the applicant his ADSC for his FAP scholarship was corrected from 30 December 2018 to 2 July 2018 in accordance with DODI 6000.13, Medical Manpower Personnel.  The applicant’s FAP sponsorship was from 20 June 2011 to 30 June 2014 (3 years) resulting in a 4 year ADSC.  

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit D.    

AIR FORCE EVALUATION:

AFPC/DP2N recommends denial of the request to have his EAD date adjusted to 23 June 2014, from 3 July 2014.  The applicant was still in the FAP until 30 June 2014.  Benefits and annual grants for the FAP contract are paid up front and day for day.  Therefore, his effective date of duty must be on 1 July 2014 or later.

In June 2011, the applicant was commissioned in the Reserve of the Air Force to participate in the FAP.  In accordance with his FAP contract, he completed his program on 30 June 2014.  There was no addendum completed to change the date of the contract.  In April 2014, his assignment officer initially projected him to be reassigned to Peterson AFB, CO with a report not later than date (RNLTD) date of 8 July 2014.  Based on the 4 days of travel days authorized (5-8 July), his effective date of duty was 4 July 2014.    However, in June 2014, his assignment officer changed his assignment location to Eglin AFB, FL with a RNLTD of 10 July 2014.  Based on the 8 days of travel authorized for 2,681 miles from his place of entry in Portland, OR to Eglin AFB, FL, his EAD date was changed to 3 July 2014.  

The applicant’s EAD date was listed as 3 July 2014 in accordance with AFI 36-3208.  Additionally, the effective date of duty on the AF Form 766, Extended Active Duty Order, includes a statement directing the applicant to proceed to his duty station on the authorized effective date of duty.  The effective date of duty indicates the authorized dates of travel, assuming travel is by privately owned vehicle (POV), and determined by the number of travel days the officer is authorized.  The number of travel days is based on the miles computed in the Defense Table of Official Distances (DTOD) system from his place of entry address to the first duty station.  

A complete copy of the AFPC/DP2N evaluation, with attachment, is at Exhibit D.  

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 16 November 2016for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

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 an error or injustice to warrant partial relief.  We note the applicant requests his TAFMSD and TAFCSD be adjusted to 23 June 2014, instead of 3 July 2014, based on the date he arrived at his permanent duty station (PDS).  However, as pointed out by AFPC/DP2N, the applicant’s FAP sponsorship contract was through 30 June 2014 and therefore his EAD cannot be backdated prior to 1 July 2014 per DOD and Air Force instructions.   Given the applicant departed his residency location early at the request of his assignment officer and arrived at his new PDS earlier than scheduled, we are persuaded it is in the interest of justice to correct the applicant’s EAD date, TAFMSD and TAFCSD to reflect as 1 July 2014, instead of 3 July 2014.  Furthermore, we note AFPC/DP2NP corrected the applicant’s ADSC for his FAP scholarship from 30 December 2018 to 2 July 2018 but states his FAP sponsorship was from 20 June 2011 to 30 June 2014 and he incurred a 4 year ADSC for 3 years of funding.  Based on the end date of his 3 year FAP sponsorship, we are persuaded his 4 year ADSC should be through 30 June 2018 rather than 2 July 2018.  In view of the above, we recommend the applicant’s records be corrected to the extent indicated below.      

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show:

a.	 His Entered Active Duty (EAD), Total Active Federal Military 
Service Date (TAFMSD) and Total Active Federal Commissioned Service Date (TAFCSD) reflect as 1 July 2014, instead of 3 July 2014.  

b.	 His Active Duty Service Commitment(ADSC) for residency 
training (Code 45) reflect 30 June 2018, instead of 2 July 2018.

The following members of the Board considered AFBCMR Docket Number BC-2016-00974 in Executive Session on 3 August 2017 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The following documentary was considered:

	Exhibit A.  DD Form 149, dated 7 March 2016, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DP2NP, dated 7 June 2016, w/atch.
	Exhibit D.  Memorandum, AFPC/DP2N, dated 
  17 August 2016, w/atchs.  
	Exhibit E.  Letter, AFBCMR, dated 16 November 2016.  

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.