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AFR 36-51 was superceded by AFI 36-2107 in 1994 and was, therefore,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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