RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02886 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: 1. Her date of rank be corrected to 6 January 2007. 2. She be paid for the period 6 January 2007 – 8 March 2007, or, in the alternative, her Active Duty Service Commitment (ADSC) be corrected from 42 months to 40 months. _________________________________________________________________ APPLICANT CONTENDS THAT: Her ADSC was miscalculated by two months as a result of her signing two separate Air Force Forms 133, Oath of Office (Military Personnel), on 6 January 2007 and 9 March 2007. In support of her appeal, the applicant submits copies of an Education Acknowledgment Letter (EAL), Oath of Office, Financial Assistance Program (FAP) Contract, Statement of Understanding, Acceptance Letter for Appointment, Commissioning Information, and a Under Secretary of Defense Memorandum, Revised Policy for Active Duty Health Professions/Financial Assistance Program Stipend and Annual Grant Amount. 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 captain (O-3) as a Staff Pediatrician. On 6 January 2007, she signed a Fiscal Year 2007 Contract for the FAP in which paragraph 3 read “I understand selection is contingent upon meeting all eligibility requirements for entry. I further understand this agreement is void if it is determined I am ineligible for AFFAP entry.” The Air Force Form 133 that she signed on 6 January 2007 was voided because she did not meet all eligibility requirements (she was not officially commissioned). On 9 March 2007, the SecDef approved the applicant’s Reserve appointment, which authorized her to be commissioned. On 9 March 2007, she signed a valid Air Force Form 133, officially commissioning her into the Reserve of the Air Force. The applicant signed the EAL, indicating she understood that the commencement date of her specialized training, for the purpose of FAP, was 9 March 2007, and that she incurred an ADSC of three years and six months. She was in the FAP program from 9 March 2007 through 30 Jun 2009, giving her an ADSC of 42 months. During an audit of the applicant’s records, it was identified her ADSC was erroneously updated in the military personnel system as 24 June 2012; therefore, it was subsequently updated to reflect her correct ADSC of 24 December 2012. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIP recommends denial. DPSIP states that Air Force Instruction 36-2107, Active Duty Service Commitments, Table 1.1, Rule 31, indicates that members who participate in the Residency FAP, will incur an ADSC of two years for first year (or portion thereof), then six months for each six month increment thereafter (or portion thereof). DPSIP indicates the applicant signed two separate Air Force Forms 133 and EALs (6 January 2007 and 9 March 2007). The EALs she signed both stated the completion date of the FAP was 30 June 2009. Regardless of which Air Force Form 133 is used, her ADSC was for three years and six months, or 29 December 2012. The complete DPSIP evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: She agreed to serve three years and six months and holds to that commitment. She is asking that she be paid for the time when she believed she was in the Air Force Reserve since she took her oath and pledged to serve as a pediatrician starting on 6 January 2007. She would also agree to have her ADSC date changed back to 29 June 2012, if it is not agreed that she be paid for the two months that she believed she was already serving her country. She hopes to make the process less painful for other civilian physicians being brought into the military to serve active duty members and their families. She does not want other medical residents to go through what she went through during her intern year trying to join the Air Force. Medical residents should be able to focus on learning how to take care of patients, not trying to correct mistakes made in the process of being commissioned. The applicant’s complete rebuttal 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. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. While we note the applicant’s contention that she should be paid for the time she believed she was in the Air Force Reserve since she took her oath and pledged to serve as a pediatrician starting on 6 January 2007 or that her ADSC date be changed back to 29 June 2012, it does not negate the fact that the contract was not valid since it was accomplished prior to approval of her appointment. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary and that the applicant was treated any differently than others similarly situated, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ 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 relevant evidence not considered with this application. _________________________________________________________________ The following members of the Board considered Docket Number BC- 2010-02886 in Executive Session on 5 May 2011, under the provisions of AFI 36-2603: The following documentary evidence for AFBCMR Docket Number BC- 2010-02886 was considered: Exhibit A. DD Form 149, dated 2 Aug 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIP, dated 17 Oct 10. Exhibit D. Letter, SAF/MRBR, dated 17 Dec 10. Exhibit E. Letter, Applicant, dated 23 Dec 10.