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AF | BCMR | CY2000 | 0001720
Original file (0001720.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-01720
            INDEX CODE:  100.00
            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  Air  Force  Institute  of  Technology   (AFIT)  Active   Duty   Service
Commitment be reduced from 6 July 2003 (four years) to 19 March 2001  (three
years from the date of his graduation).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was never  informed  by  his  Reserve  Officers’  Training  Corps  (ROTC)
detachment, the AFIT orderly room, or the Air Force Personnel Center  (AFPC)
of the ADSC he would incur for attending AFIT.

Applicant’s complete statement and the  documentary  evidence  submitted  in
support of his application are included as Exhibit A with Attachments 1  and
2.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant  entered  AFIT  in  September  1996  seeking  a  master’s   degree
following his commissioning in July 1996.  Upon graduation on  7 July  1999,
he incurred a four-year ADSC of 6 July 2003.  Table 1.6,  Rule  3,  AFI  36-
2107, mandates that the ADSC is EAD ADSC plus three years for  undergraduate
or graduate education at the master’s level or three  times  the  length  of
training, with maximum four years for graduate  education  at  the  master’s
level, whichever computation results in the later date.  According to  AFPC,
AFR 36-51 was  superceded  by  AFI  36-2107  in  1994  and  was,  therefore,
obsolete  at  the  time  of  applicant’s  signature  on  the  Statement   of
Understanding.  However, the rule governing his ADSC remained the same.

Applicant originally requested that his entire ADSC  be  removed.   However,
upon  being  provided  a  copy  of  a  signed  Statement  of   Understanding
indicating that “If selected for AFIT, I understand and agree to  serve  the
additional active duty commitment  (ADSC)  which  I  will  incur  under  the
provisions of AFR 36-51 and AFR 36-94”,  he  requested  his  application  be
changed to reduce his ADSC to three years.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSFO recommends that the application be  disapproved.   It  indicates,
in part,  that  although  the  Statement  of  Understanding  signed  by  the
applicant did not clearly state the actual  ADSC  to  be  incurred,  it  did
reference AFR  36-51,  Active  Duty  Service  Commitments,  and  AFR  36-94,
Specified Period of Time Contracts, which stated the  ADSC  to  be  incurred
(Exhibit C with Attachments 1 through 4).

_________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was made available to the  applicant  for
review and comments on August 25, 2000 (Exhibit D);  to date, he has  failed
to respond.

_________________________________________________________________

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 a probable error or an injustice  warranting  favorable  action
on the applicant’s request for a reduction in the AFIT  ADSC  from  four  to
three  years.   It  is  regrettable  that  the  AFIT  orderly  room  at  the
applicant’s ROTC detachment did not inform him that he would incur  a  four-
year ADSC for attending AFIT.  However, in applying for  the  training,  the
applicant signed a Statement of Understanding indicating  that  if  selected
for AFIT, he understood and agreed to serve the  additional  ADSC  which  he
would incur under the provisions of AFR 36-51 and AFR 36-94.   As  noted  by
the Air Force, although the  statement  signed  by  the  applicant  did  not
clearly state  the  actual  ADSC  to  be  incurred,  it  did  reference  the
governing directives.  Therefore, if the length of the ADSC was  crucial  to
the  applicant’s  decision  to  attend  the   AFIT   program,   he   had   a
responsibility to search out this information prior to signing  a  statement
indicating that he would accept the associated ADSC  he  would  incur  under
the appropriate directives.   The  fact  that  he  did  not,  in  our  view,
mitigates against a finding that the four-year ADSC is either  in  error  or
unjust.

_________________________________________________________________

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 November 2000, under the provisions of AFI 36-2603:

                       Benedict A. Kausal, IV, Chair
                       Charles E. Bennett, Member
                       Henry Romo, Jr., Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 14 Jun 00, w/atchs.
     Exhibit B.  Microfiche of Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSFO, dated 16 Aug 00, w/atchs.
      Exhibit D.  Letter, SAF/MIBR, dated 25 Aug 00.




                                   BENEDICT A. KAUSAL, IV
                                   Chair

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