RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00008 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His Active Duty Service Commitment (ADSC) for Graduate Medical Education (GME) be adjusted to reflect 30 June 2021 rather than  29 June 2023.

APPLICANT CONTENDS THAT:
In June 2011, he entered active service with a four-year ADSC due to a four-year Health Professional Scholarship Program (HPSP) scholarship. This ADSC was “paid off” simultaneously with completion of an active duty residency in Otolaryngology on 30 June 2016. Since the residency training program was five years long,  he incurred four more years of ADSC.

On 1 July 2016, he started a one-year fellowship training program in Sleep Medicine. According to the contract, he will incur an additional one-year ADSC in addition to the four-years he incurred from residency. On 1 July 2017, he will start “payback” of the ADSC, after completion of his fellowship. The contract he signed for the fellowship states, “for active duty residency/fellowship GME: I will incur one-year of ADSC for every year post PGY-1 year, which are cumulative and are served concurrent to other existing ADSCs upon graduation from GME.” He will complete “payback” of his ADSCs 30 June 2021, which is four-years from 1 July 2017.

He believes the contract he signed for the fellowship is being ignored even though it explains his new ADSC. Even though the contract states ADSCs are determined in accordance with DoDD [sic] 6000.13 and AFI 36-2107, ADSCs, it goes on to state what the new ADSC will be. It does not state that the AFI would take precedence if there was a discrepancy. Since a signed and a written contract is required for entrance into the training program, it should be the legally binding document.

The ADSC explained in the contract is different from what he is being held to in two ways:

1.	His commitment should be only for one-year, since this is considered an active duty training program;

2.	The new ADSC can be served concurrently to existing ADSCs after GME is completed.

AFPC acknowledges that this is misleading; however, if the facts stated in the contract are not true, then this is more than just misleading, but false and fraudulent. AFPC (Active Duty Program Manager) admitted he was given an old version of the contract. He would not have signed the contract, if it had the terms AFPC is holding him to. The terms were explained to him, so he had no reason to believe they would be interpreted otherwise.

In an email, dated 7 Sep 16, AFPC/DP2NP states in part that the JSGME contract letter the applicant signed has references that the fellowship is concurrent and not consecutive. AFPC/DP2NP indicates the JSGME letter is in error, because it should read "For Active Duty residency/fellowship GME: I will incur one year of ADSC for every year post PGY-1 year, (except for GME programs of only 1 year, which incur a minimum of 2 years ADSC). The ADSC years are cumulative and are served consecutive to remaining GME ADSC.

AFPC/DP2NP apologized for the error and copied the Deputy Branch Chief to correct this paragraph in the JSGME fellowship letter for future JSGME fellowship selects.

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

STATEMENT OF FACTS:
The applicant was appointed a second lieutenant (Medical Service Corps) in the Reserve of the Air Force (AFR) on 21 June 2007, and on 17 May 2011, he was appointed a captain (Medical Corps) in the AFR.

On 6 June 2011, the applicant was ordered to extended active duty (EAD) to attend residency training in Otolaryngology for a period of 1 July 2011 to 30 June 2016.

According to the GME contract and ADSC statement, on 16 December 2105, the applicant was informed of his selection by the 2015 Joint Service GME Selection Board (JSGMESB) for active duty training for a fellowship in Sleep Medicine. On this same date, he accepted the training and acknowledged he would incur one year of ADSC for every year post graduate year (PGY-1), which are cumulative and are served concurrent to other existing ADSCs upon graduation from GME.

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/DP2N recommends denial, indicating the applicant’s ADSC was accurately calculated. To grant relief would be contrary to the criteria established by DoDI 6000.13 and AFI 36-2107 in effect at the time.

IAW DoDI 6000.13 and AFI 36-2107, an active duty fellowship incurs one-year of ADSC for every year of training with a two-year minimum ADSC incurred. This ADSC is served consecutively with other ADSCs incurred for GME and concurrently with all other ADSCs. ADSCs are not fulfilled while in training and are calculated based on stop dates of training or date entered active duty.
The applicant’s ADSC incurring events and fulfillment are as follows:
▪	HPSP Program, 2007 – 2011, incurred four-year ADSC (concurrent).
▪	Ordered to EAD to attend San Antonio Uniformed Services Health Education Consortium (SAUSHEC) residency orientation, 6 – 30 June 2011 (25 days fulfilled), HPSP ADSC remaining 3 years, 11 months and 5 days.
▪	Entered Otolaryngology residency, SAUSHEC, 1 July 2011 – 30 June 2016, incurred 4-year (concurrent) ADSC.
▪	Entered Sleep Medicine Fellowship, SAUSHEC, 1 July 2016 – 30 June 2017 incurred 2-year minimum ADSC, served consecutive to residency ADSC, concurrent to HPSP ADSC.
Resulting ADSCs calculated from 30 June 2017 (training stop date):
▪	HPSP, 6 June 2021
▪	Residency, 29 June 2021
▪	Fellowship, 29 June 2023
The applicant alleges the contract he signed GME has language that is not IAW with the cited policy documents. The contract he signed on 16 December 2015, states that “for active duty residency/fellowship GME: I will incur one-year of ADSC for every year post PGY-1 year, which is cumulative and are served concurrent to other existing ADSCs upon graduation to GME.” Although this general example may be misleading because it does not mention the minimum two-year ADSC, it accurately states that members will incur one year of ADSC for every year after PGY-1 and that these ADSCs are cumulative (i.e. consecutive).

A complete copy of the AFPC/DP2N evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
By letter dated 15 November 2017, the applicant states that the contract he signed on 16 December 2015, states that his “new ADSC associated with this training is described in the attached ADSC statement.”  Also, it states that he would “incur one year of ADSC

for each year of training, and there is no stipulation there is a two-year minimum. In addition, it states that his ADSC is served concurrent to other existing ADSCs upon graduation, which means that he can serve it at the same time as his prior commitment.

He acknowledges there is reference to the AFI and DoD directives [sic]; however, there is no statement that those will take precedence over the explicit statement of the ADSC on the contract. It only states that the ADSC listed is determined IAW AFI and DoD directive [sic].

The advisory opinion states the statement regarding the ADSC is a “general example;” however, this seems to be a ridiculous statement when referring to terms that are explicitly stated in a contract. How can someone signing a contract know what words or statements are factual and binding and which ones are “general examples?”

The applicant states that the argument from the advisory opinion is basically that the contract he signed is a worthless document, because it has no bearing on what the facts of his ADSC really are. If that is the case, then why did the AFPC Senior Program Manager send him an email stating that the ADSC statement in the contract he signed could be “misinterpreted” as written? He states that it “implies” the ADSC is served concurrently, and calls this “erroneous.” In addition, he was asked to sign a new statement of his ADSC; however, he declined. He was given a contract with explicit wording regarding his ADSC, and signed in good faith; therefore, it should be honored.

Lastly, the applicant states the request to reduce his ADSC is twofold. First, the contract states the commitment can be served concurrently to other ADSCs, which means that whether this contract for fellowship added 1 or 2 years, his previous 4-year commitment would take precedence and would end 29 June 2021. Second, he believed that only 1-year of commitment should have been added to his initial 4-year commitment, which would mean that even if this commitment could not be served concurrently as stated in the contract the latest that his commitment would end is 29 June 2022.

In support of his response, the applicant provides copies of a memorandum and email communique’.

A complete copy of the applicant’s rebuttal, with attachments, is at Exhibit E.

THE BOARD CONCLUDES THAT:
1.	The applicant has exhausted all remedies provided by existing law or regulations.
2.	The application was timely filed.
1.	

3.	Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After a thorough review of the evidence of record, we believe the applicant's ADSC should be changed as requested. We note the Air Force OPR recommends denial stating the applicant’s ADSC was accurately calculated in accordance with DoD and Air Force guidance in effect at that time. However, we find the email dated 7 Sep 16, stating the JSGME letter contained incorrect information coupled with OPR’s comments that the information in the contract could be misleading sufficient to grant the requested relief. Accordingly, we recommend the applicant’s records be corrected as indicated below.

THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show his ADSC for Graduate Medical Education (GME), be adjusted to reflect 30 June 2021, rather than 30 June 2023.

The following members of the Board considered AFBCMR Docket Number BC-2016-00008 in Executive Session on 14 Feb 18, under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

Panel Chair Member
Member
The following documentary evidence pertaining was considered: Exhibit A.	DD Form 149, dated 2 Feb 17, w/atchs.
Exhibit B.	Excerpts from Master Personnel Records.
Exhibit C.	Memorandum, AFPC/DP2N, dated 20 Oct 17, w/atchs. Exhibit D.	Letter, AFBCMR, dated 30 Oct 17, w/atchs.
Exhibit E.	Applicant’s Rebuttal, dated 15 Nov 17, w/atchs.
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.