RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-00257
INDEX NUMBER: 113.04
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
It appears that the applicant is requesting that he be permitted to
pay back his entire Dental Officer Accession Bonus (DOAB) of $30,000,
and that his Active Duty Service Commitment (ADSC) be returned to his
original date of 30 June 2000 rather than 24 June 2001.
___________________________________________________________________
APPLICANT CONTENDS THAT:
While being recruited, he and another dentist were told that they
would have a two-year pay back after their residency. The day he
signed the papers, he was told that it would be a three-year pay back.
He was never told of the option of not accepting the bonus and having
just the two-year pay back.
Applicant’s request, with a statement from a dentist who accepted his
commission at the same time as the applicant, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
On 20 February 1997, the applicant was appointed a second lieutenant,
Reserve of the Air Force, Medical Service Corps (MSC). On 30 May
1997, he was appointed a first lieutenant, Reserve of the Air Force,
Dental Corps (DC). His appointment in the Dental Corps vacated his
appointment in the MSC.
On 30 May 1997, he executed an FY97 Dental Officer Accession Bonus
(DOAB) Agreement, requesting a DOAB in the amount of $30,000. As a
condition of receiving the bonus, he agreed to serve on active duty
for a continuous period of not less than 48 months. Based on receipt
of the DOAB, he incurred an Active Duty Service Commitment (ADSC) of
four years (one year for the residency program plus three years of
obligated service), which established his date of separation as 24
June 2001.
On 1 July 1997, he was voluntarily ordered to extended active duty for
a period of 48 months in the grade of captain.
___________________________________________________________________
AIR FORCE EVALUATION:
The Dental Corps Utilization and Education Branch, AFPC/DPAMD,
reviewed this application and recommended denial, stating the
applicant was given the opportunity to accept a three-year commission
without a bonus or opt to accept the accession bonus which commits him
for four years.
DPAMD stated that under the provisions of Section 615 of the National
Defense Authorization Act of FY97, dental recruits were offered an
accession bonus in the amount of $30,000. The DOAB Agreement signed
by the applicant clearly states, “I agree to serve on active duty for
a continuous period of not less than 48 months.”
As confirmed by the applicant’s accompanying letter from another
dentist, he was informed that by accepting the bonus, he would incur
an additional one year obligation (4 years ADSC).
The complete evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reiterated his contentions that he was initially told by his
recruiter that if he did the Advanced Education in General Dentistry
(AEGD) residency, he would have a two-year commitment, which included
the $30,000 DOAB. At the time he was signing the papers he was told
of the fourth year.
He further stated that he was informed of the four-year commitment
before he signed the papers. However, he didn’t have all the options
given to him at that time.
Applicant’s complete response 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 probable error or injustice. Applicant’s contentions
that he was informed of the four-year commitment before he signed the
FY97 Dental Officer Accession Bonus (DOAB) Agreement but that he
didn’t have all of the options given to him at that time are duly
noted. However, we do not find his assertions, in and of themselves,
sufficiently persuasive to override the rationale expressed by the Air
Force. It was the applicant’s responsibility to verify any
information he was unsure of before he signed the DOAB agreement.
Therefore, we agree with the recommendation from the Air Force and
adopt the rationale expressed as the basis for our conclusion that the
applicant has failed to sustain his burden of establishing the
existence of either an error or an injustice warranting favorable
action on his request.
___________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable 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 this application in
Executive Session on 8 July 1999, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Sophie A. Clark, Member
Mr. Joseph A. Roj, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Dec 98, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPAMD, dated 5 Mar 99, w/atch.
Exhibit D. Letter, SAF/MIBR, dated 22 Mar 99.
Exhibit E. Letter from Applicant, dated 30 Mar 99.
CHARLENE M. BRADLEY
Panel Chair
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