RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01865

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His active duty service commitment (ADSC) be changed from 6 years (May 2021) to 3 years (May 2018).

APPLICANT CONTENDS THAT:

He participated in the Air Force Institute of Technology (AFIT) graduate program upon graduating from the United States Air Force Academy (USAFA).  He should have incurred a 3-year ADSC for the graduate program based on AFI 36-2107, Active Duty Service Commitments, Table 1.1, Rule 19, as his duty title was “AFIT Masters Student” and Rule 19 states, “all AFIT graduate programs.”  At some point, personnel incorrectly modified his ADSC to May 2021 with the inappropriate application of Rule 20.  He did not receive a fellowship, scholarship or grant therefore Rule 20 should not be considered.  Additionally, Rule 20 requires adherence to 10 U.S.C. 2603, which states, “each member of the armed forces who accepts a fellowship, scholarship, or grant … shall, before he is permitted to undertake the education or training … agree in writing that, after he completes the education or training, he will serve on active duty for a period at least three times the length of the period of the education or training.”  He did not make a written or verbal agreement to incur the “three times the length of education or training” ADSC (May 2021) before starting his education and likely would not have pursued the degree under those constraints.

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

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of First Lieutenant, O-2.

On 22 May 13, according to the documentation provided by the applicant, his USAFA Form 0-112, Request and Authorization for Permanent Change of Station – Air Force Military, was amended to; assigned to the Air Force Institute of Technology (AFIT) Houston City Texas, “AFIT Masters Student” duty title, “26 Aug 13” class start date and “6 May 15” class graduation date, as evidence by AF Form 973, Request and Authorization for Change of Administrative Orders, Block 6.

On 2 Dec 14, according to the documentation provided by the applicant, he received a Change of Projected Assignment Data assigning him from AFIT Houston to the Air Force Research Lab Kirtland with a report not later than date of 29 May 15 stating he “will incur a 3-year training and 2-year Permanent Change of Station (PCS) ADSC in accordance with AFI 36-2107, Table 1.1, Rule 19/6 to run concurrently.”

On 16 Feb 15, the applicant acknowledged and agreed to an ADSC of “3 times the length of training” in accordance with AFI 36-2107, Table 1.1, Rule 20, as evidenced by AF Form 63.

On 4 Oct 16, the applicant acknowledged and agreed to an ADSC of “3 years” in accordance with AFI 36-2107, Table 1.1, Rule 19, as evidenced by AF Form 63, ADSC Acknowledgment Statement.  AFPC/DP2LT confirmed that the AF Form 63 was completed in error and the applicant’s ADSC code 32 for “3 times the length of training” was already updated in his records at the time, (Exhibit E).

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 C.    

AIR FORCE EVALUATION:

AFPC/DP2LT recommends denial indicating there is no evidence of an error or an injustice.  The United States Air Force Academy (USAFA) Graduate Studies Program office offers a select group of cadets each year an opportunity to apply for scholarships.  Accordingly, AFI 36-2107, Table 1.2 [sic], Rule 20, require Airmen to incur an ADSC of three times the length of the event for corporate, foundation, or education institution sponsored fellowship, scholarships and grants.  Although the applicant claims he did not receive a scholarship, fellowship or grant, he applied for and received a merit scholarship from Rice University, Houston, Texas ultimately earning a Master of Science in Physics.  AFPC sent the applicant a congratulatory notice indicating he incurred three times the length of training under rule 20 for completion of the degree and that no record of his acknowledgement was on file or updated in the Military Personnel Data System (MilPDS).  The applicant acknowledged the incurred three times the length of training ADSC on AF Form 63, ADSC Acknowledgement Statement, dated 16 Feb 15.  The applicant’s record is correctly updated with an ADSC of 5 May 21 which is “three times the length of the event for … education institution sponsored … scholarships.”

A complete copy of the AFPC/DP2LT evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 17 Nov 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DP2LT provided additional documentation and clarification:

a.  Although the AFPC/DP2LT evaluation, dated 9 Aug 16, referenced another military member who received the congratulatory notice indicating he incurred an ADSC “3 times the length of training”, it was an error and should have reflected the applicant’s name.  

b.  The applicant’s MilPDS record reflects the reason for the “3 times the length of training” ADSC as “FELLOW;” however it was confirmed with AFIT and USAFA the ADSC was established for the applicant’s participation in the National Competitive Scholarship Program at Rice University.  Because the program is not funded by the Air Force (except for some students attending Harvard University), it falls under AFI 36-2107, Table 1.1, Rule 20 which states “If the ADSC incurring event is for: Corporate, foundation, or educational institution sponsored fellowships, scholarships, and grants ADSC is 3 times the length of training ADSC Code 32.”

c.  The applicant’s Automated Record Management System (ARMS) record contains an AF Form 63, dated 4 Oct 16, for a 3-year ADSC incurred according to AFI 36-2107, Table 1.1, Rule 19.  It is unclear why this form was completed, but it is suspected that there was confusion as an audit was completed on the applicant’s record and it was determined that an ADSC was missing for the program he attended and that two different AFI rules can sometimes lead to confusion.  The applicant was notified of the “missing ADSC” in Oct 16 and signed a new AF Form 63.  The new AF Form 63 was an error and never should have occurred.

The following notifications and responses were exchanged with the applicant and MyPers – Total Force Service Center:

On 9 Jan 14, the applicant was notified that he would incur an ADSC of “3 times the length of training”, for his Corporate, Foundation, or Educational Institution Sponsored Fellowships, Scholarships, and Grants selection and/or completion.  The applicant was given a 10-day suspense to complete and return the AF Form 63, ADSC Acknowledgment Statement.

On 21 Jan 14, the applicant was notified of a final notice to complete and return the AF Form 63 not later than 5 days from receipt of the e-mail.

On 13 Mar 15, the applicant was notified he had 3 days remaining to return his AF Form 63 and that his assignment orders were declined due to not returning the AF Form 63 for training.

On 16 Mar 15, the applicant responded that he e-mailed the AF Form 63 directly to personnel.

	On 16 Mar 15, the applicant was notified that the AF Form 63 was being processed and his ADSC would be visible in ARMS within 24 hours.

	On 27 Sep 16, the applicant was notified an Air Force Audit determined he will incur an ADSC of 3 years according to AFI 36-2107, Table 1.1, Rule 19 and that his AF Form 63 could not be located in his ARMS record and that MilPDS did not reflect his appropriate ADSC.  He was directed to complete and return the AF Form 63 not later than 10 days from receipt of the e-mail.

	On 4 Oct 16, the applicant completed and returned the AF Form 63.
	On 4 Oct 16, the applicant was notified that the AF Form 63 was being processed and his ADSC would be visible in ARMS within 24 hours.

A complete copy of the AFPC/DP2LT email, with attachments, is at Exhibit E.

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation was forwarded to the applicant on 12 Jul 17 for review and comment within 30 days (Exhibit F).  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.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  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 OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or an injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD RECOMMENDS THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2016-01865 in Executive Session on 9 Nov 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 2 May 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2LT, dated 9 Aug 16, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 17 Nov 16, w/atch.
	Exhibit E.  Email, AFPC/DP2LT, dated 12 Jul 17, w/atchs.
	Exhibit F.  Letter, AFBCMR, dated 12 Jul 17, w/atch.

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.