RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-01587
            INDEX CODE:  113.04
      APPLICANT  COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His current Active Duty Service Commitment (ADSC) be  corrected  to  reflect
19 Dec 00 to coincide with the three-year ADSC he incurred  upon  completion
of his graduate level Air Force sponsored Master's degree.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was counseled that he would incur a three-year ADSC  upon  completion  of
his Master's degree; and, the work that he was required to  perform  with  a
civilian contractor was to prepare  him  for  his  follow-on  assignment  in
research and development and was separate from his Master's degree  program.
 Previous scholarship program  candidates  in  this  program  have  received
three-year ADSCs.

He began his Master's degree program on 1 Sep 96 and  graduated  on  19  Dec
97.  Afterwards, he was to work with  a  research  and  development  company
from 29 Dec 97 to 31 Jul 98.  However, his time was cut short  in  order  to
fill a critical manpower shortage.  His Final Education Plan  was  submitted
to AFIT/CI, which indicated a program completion date of 1  Jun  98.   After
review of his records at his new duty location  he  noticed  that  his  ADSC
reflected 22 May 00 as a result of his PCS.  He has made  numerous  attempts
to have his ADSC corrected to reflect 19 Dec 00, to coincide with the three-
year ADSC he incurred upon completion of his degree on 19 Dec 97.

In support of his request applicant  has  submitted  a  personal  statement;
memorandums and emails associated  with  his  contentions;  a  copy  of  his
Notification of Selection for Reassignment; a copy of his AF Form  63,  ADSC
Acknowledgment  Statement;  his  graduation  certificate;  AFIT   Form   18,
Education  Plan  and  Financial  Voucher;  Assignment  Processing  and  ADSC
Information Single Uniform Retrieval Formats (SURFs); and copies of  his  AF
Forms 475, Education/Training Report.

His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On, 23 Dec 91, applicant was appointed a second lieutenant, Reserve  of  the
Air Force, and was voluntarily ordered to extended active duty (EAD)  on  15
Sep 92.  He was integrated into the Regular Air Force on 4  Nov  92  and  is
currently serving on EAD in the grade of captain.

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.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Active Duty  Service  Commitments  Branch,  AFPC/DPSFO,  reviewed
applicant's request  and  states  that  while  applicant  indicates  in  his
application that this is an ADSC issue, it  is  actually  an  issue  hinging
entirely upon when he  completed  his  Air  Force  Institute  of  Technology
(AFIT) educational program.  Applicant agrees that he should have  a  three-
year ADSC, what he does not agree with, however, is at which date  his  ADSC
should begin.  DPSFO does not establish or amend AFIT start and stop  dates,
therefore, in this particular situation they recommend AFIT/RR  provide  the
Board with a technical advisory (Exhibit C).

The Dean,  Civilian  Institution  Programs,  AFIT/CI,  reviewed  applicant's
request and recommends denial.  CI states that applicant  was  participating
in the AFIT "Green Door Program" which consists  of  earning  a  degree  and
completing a "mini-Education with Industry" (EWI) internship to gain  hands-
on experience.  His corrected AFIT program dates appear to be 1 Sep 96 to  2
May 98.  Applicant's assertion that his ADSC should not take  his  EWI  time
into consideration is incorrect.  He was in an AFIT program  from  the  time
he started class until the time he completed his EWI.  His  ADSC  should  be
calculated based upon his entire AFIT program, not  just  the  time  he  was
attending the University of Michigan.

Air Force Instruction (AFI)  36-2107  states  that  his  commitment  is  the
period of his ADSC incurred upon entering  plus  three  years  for  graduate
education at the master's level or three times the length of  training  with
a maximum of  four  years’  commitment,  whichever  is  longer.   The  first
formula's commitment would be 14 Sep 99.  The  second  formula's  commitment
would be 21 May 2002, the longer commitment, which  should  be  his  correct
ADSC.  In previously calculating his ADSC, AFPC was  unaware  applicant  was
in a Green  Door  program  and  therefore  used  the  incorrect  formula  in
calculating his ADSC (see Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded that AFIT/CI failed to consider the facts  of  his  case
that created his expectation that  his  three-year  ADSC  would  begin  upon
completion of his degree on 19 Dec 97.  Several  individuals  counseled  him
that his ADSC would be for three  years,  he  signed  an  AF  Form  63  that
indicated his ADSC would be three years, and previous  participants  of  the
SAF/SN program incurred three-year ADSCs.  In the reference to AFI  36-2107,
CI failed to  address  the  fact  that  his  AF  Form  63  states  that  his
commitment would be "3 YRS FOR  UNDERGRAD  OR  GRAD  EDUCATION  AS  MASTER'S
LEVEL."  The form made no mention of the work with the contractor or  of  an
additional ADSC.

Applicant summarized by stating that he is in no way attempting  to  exploit
a loophole  to  obtain  a  reduced  commitment,  in  fact,  it  was  he  who
originally recognized that his record indicated an ADSC that  was  not  long
enough, and he sought to have it extended from 22 May 00 to  19  Dec  00  to
accurately reflect that he still had a commitment.

In  further  support  of  his  request,  applicant   submitted   copies   of
correspondence between himself and AFPC/DPSFO.  His complete  submission  is
at Exhibit F.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of  probable  injustice.   In  this  respect,  we  note  that  the
applicant provided a profusion of evidence, to include a signed AF Form  63,
that corroborates his assertion that the  agreed-upon  active  duty  service
commitment for completion of his graduate level Air Force sponsored  Masters
degree program would be  three  years.   On  the  other  hand,  we  are  not
convinced by the evidence provided that probable error or  injustice  exists
in respect to his argument as to when his graduate level education  actually
terminated.  We agree with the Air Force office  of  primary  responsibility
and adopt their rationale as the basis for our  conclusion  that  the  mini-
Education  with  Industry  (EWI)  internship  is  continuance  of  his  AFIT
program.  We do not find his  assertion  that  he  was  counseled  that  his
participation in the EWI was separate from his Masters  degree  program,  in
and by itself sufficient enough to persuade us  to  override  the  rationale
expressed by the Air Force.  In view of the foregoing we recommend that  his
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 that his Active  Duty  Service  Commitment
(ADSC) was established as 21 May 2001 as a result of his completion  of  Air
Force Institute of Technology (AFIT) professional education.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 6 Dec 00, under the provisions of AFI 36-2603:

      Mr. Teddy L. Houston, Panel Chair
      Mr. Laurence M. Groner, Member
      Ms. Diana Arnold, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 7 Jun 00, w/Atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPFSO, dated 24 Aug 00.
     Exhibit D.  Letter, AFIT/CI, dated 11 Oct 00.
     Exhibit E.  Letter, SAF/MIBR, dated 27 Oct 00.
     Exhibit F.  Letter, Applicant, dated 20 Nov 00, w/Atch.




                                  TEDDY L. HOUSTON
                                  Panel Chair

AFBCMR 00-01587




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to
APPLICANT be corrected to show that his Active Duty Service Commitment
(ADSC) was established as 21 May 2001 as a result of his completion of Air
Force Institute of Technology (AFIT) professional education.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency