RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00659

XXXXXXXXXX	COUNSEL: XXXXX
	
	HEARING REQUESTED: NO 	

APPLICANT’S REQUEST

His active duty service commitment (ADSC) for advanced flying training (AFT) be removed and his ADSC end date corrected to reflect 8 April 2023. 

APPLICANT’S CONTENTIONS

In 2004 he resigned his commission, based upon approval from the Air Force to attend medical school, with two years of ADSC left for AFT.  He did this with the understanding that he would never return to flying.  He completed medical school and residency training nine years after resigning his commission.  He thought he was paying back his medical ADSC in 2013, but instead he paid back his remaining AFT ADSC first and did not start paying back the medical ADSC until 2015.  Due to this, his medical ADSC is 8 April 2025 instead of 8 April 2023.

The purpose of the ADSC as described in Air Force Manual (AFMAN) 36-210 (sic) has two functions: 1) Ensure the American taxpayer get return on the training investment made in the service member and 2) Ensure open communications with the Air Force member upon when they can ask for separation.  He is no longer flying, has not flown since 2004, the training that he received is no longer relevant, and thus serving time for said training is no longer relevant.  He has completed 24 years of service and would expect at the very least once he changed his Air Force Specialty Code (AFSC), his two separate ADSCs should run concurrent.  This is even stated in AFMAN 36-210 (sic), 4.1.1.2.4, that an ADSC is not affected by a change in a member’s Duty AFSC unless the member completed an ADSC incurring event that resulted in the change in the member’s Duty AFSC.  Other services allow flight training ADSCs to run concurrent when change occurs to a different AFSC and military occupational specialties (MOS).  The Air Force should not have allowed him out of his commitment if his AFSC needed him to fulfill the ADSC.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force Medical Corps lieutenant colonel (0-5)

On 9 June 2004, the applicant signed the FY04 Contract, School of Medicine, Uniformed Services University of the Health Sciences (USUHS) Military Service Obligation Contract.

On 13 June 2004, the applicant signed the Statement of Agreement, and he certified that he fully understood that any remaining ADSC he may have incurred through USAFA, AFROTC, UPT, UNT, OTS, or <blank> of 1 years, 6 months, will be served consecutively with the commitment incurred through USUHS.

According to the applicant’s Single Unit Retrieval Format (SURF) from the Military Personal Database System (MilPDS), dated 14 April 2022, his current ADSC is 8 April 2025. 

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY/GUIDANCE

AFMAN 36-2100, Military Utilization and Classification, Chapter 4, Active Duty Service Commitments and Reserve Service Commitments, dated 7 April 2021:

4.1.2.2. Members usually serve new ADSCs concurrently with existing ADSCs; however, some ADSCs are served consecutively and are outlined in Attachment 2 or in the ADSC agreement form.  

4.1.2.3. ADSCs incurred for training will become effective upon graduation date or completion of required training.

FY04 Contract, School of Medicine, Uniformed Services University of the Health Sciences (USUHS) Military Service Obligation Contract, Statement of Agreement, signed and witnessed, 13 Jun 04, line 4.  That any remaining active duty service commitment I may have incurred through ASAFA, AFROTC, UPT, OTS, or of one (1) years and six (6) months will be served consecutively with the commitment incurred through USUHS.

AIR FORCE EVALUATION

AFPC/DP2LT recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  In accordance with Air Force Instruction (AFI) 36-2107, Active Duty Service Commitments (ADSC), the applicant incurred an ADSC of 24 months through 8 Apr 2015 for AFT.  He accepted the ADSC while holding the AFSC of T12K3A.  Upon entry to USUHS, the applicant had an ADSC from AFT with a remaining balance of 1 year, 10 months, and 21 days.  He was aware of and willingly accepted the consecutive ADSC incurred by the USUHS.  He incurred a 7 year ADSC for USUHS which was served consecutively with his EAD (Staff).  He was able to satisfy 1 month and 13 days of his ADSC during the period of 17 May 2008 to 30 June 2008, for his EAD (Staff).  The applicant incurred an additional four year ADSC for his residency, which he served concurrently. 

The applicant had one year, nine months, and eight days ADSC unfulfilled from his AFT, a four year ADSC for his residency, and a seven year commitment for USUHS.  He fulfilled a six year ADSC for EAD (Staff).  Additionally, he attended a Fellowship, incurring a two year consecutive ADSC.  This training ADSC was unable to satisfy his previously incurred ADSCs; however, the clock was stopped.  His ADSCs have been confirmed.  Specifically, his remaining ADSC for his USUHS was calculated to be two years, nine months, and eight days (7 April 2023) and the ADSC for his Fellowship was calculated to be two years and would be served consecutive (7 April 2025).   

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 6 April 2022 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2LT and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board notes that the applicant acknowledged the remaining AFT ADSC prior to his entry into USUHS and was aware that the ADSC he would incur upon USUHS completion would be consecutive to the AFT ADSC.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2022-00659 in Executive Session on 17 May 22:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 2 Feb 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2LT, dated 1 Apr 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 6 Apr 22.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.