RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-00466
INDEX CODE 113.04
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to serve his contractual service obligation in the
Reserves [rather than on active duty], or to reimburse the Air Force
for his educational expense.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons applicant believes he has been the victim of an error
and/or an injustice are contained in his complete submission, which is
at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant's military records, are contained in the letter prepared by
the appropriate office of the Air Force. Accordingly, there is no
need to recite these facts in this Record of Proceedings.
Additional relevant facts are:
- By EAD order dated 1 April 1999, the applicant was ordered
to extended active duty (EAD) effective 27 July 1999 with assignment
to the 72nd Medical Operations Squadron at Tinker AFB, OK. In a 24 May
1999 letter to the Directorate of Assignments, HQ AFPC/DPAMF2, the
applicant requested that the EAD orders be withdrawn, contending he is
not subject to active duty orders while his case is pending before the
AFBCMR.
- According to AFI 36-2110, the Humanitarian Program assists
people in resolving severe short-term problems involving a family
member. The spirit and intent of the program is to place a member at
the closest location where the problem exists. The member must be
effectively used in his/her duty AFSC. The Comptroller General ruled
that the Air Force must not make moves at government expense based
solely on humanitarian reasons. As a result, there must be a valid
vacant Air Force authorization at the gaining base. The Exceptional
Family Member Program (EFMP) is designed to ensure dependents of
military members receive the special medical or educational care they
require at the current or projected duty location. The spirit and
intent of the EFMP is to assign individuals based on current or
projected manning requirements at locations where the required
services are available. The dependent may receive services by the
military medical system or through civilian resources using CHAMPUS.
These two programs are “self-initiated,” i.e., a member must apply for
them.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Physician Education Branch, HQ AFPC/DPAME, provided
relevant facts pertaining to this appeal and the rationale for
recommending denial.
A complete copy of the evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provided a rebuttal to the evaluation and reiterated his
earlier contentions. He presents three options, one of which is for
him to pay back in a lump sum the total costs incurred by the Air
Force, or that he be allowed to serve in the Reserves rather than on
active duty.
Applicant provided an additional rebuttal, advising that his uncle
suffered a stroke; he provides a supporting statement from a
physician.
Complete copies of applicant’s responses, with attachments, are at
Exhibit D.
_________________________________________________________________
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. After a thorough review
of the evidence of record and applicant’s submission, we are not
persuaded that the requested relief is warranted. Applicant’s
contentions are duly noted; however, we do not find these assertions,
in and by themselves, sufficiently persuasive to override the
rationale provided by the Air Force. The Physician Education Branch
advises the applicant has been offered the option of applying for
participation in the Humanitarian or Exceptional Family Member
Programs. This seems to be a reasonable suggestion that would both
serve the best interests of the Air Force and accommodate the needs of
the applicant. He has not provided convincing evidence compelling us
to grant his suggested remedies. We therefore agree with the
recommendations of the Air Force and adopt the rationale expressed as
the basis for our decision that the applicant has failed to sustain
his burden of having suffered either an error or an injustice. In view
of the above, we recommend this application be denied.
_________________________________________________________________
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 9 September 1999 under the provisions of AFI 36-
2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. Grover L. Dunn, Member
Mr. John E. Pettit, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Feb 99, w/atchs.
Exhibit B. Letter, HQ AFPC/DPAME, dated 24 Feb 99, w/atchs.
Exhibit C. Letter, AFBCMR, dated 15 Mar 99.
Exhibit D. Letters, Applicant, dated 20 Mar & 29 Jul 99,
w/atchs.
DAVID C. VAN GASBECK
Panel Chair
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