RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-01784
            INDEX CODE:  113.04

            COUNSEL:  KEVIN C. AMBLER

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Active Duty Service Commitment Date (ADSCD)  of  7  July  2005  be
changed to 7 July 2001.
_________________________________________________________________

APPLICANT CONTENDS THAT:

A member of the University of Florida’s AFROTC detachment informed him
that the ADSC policy was to waive or extinguish any ADSC  for  AFROTC.
He subsequently signed a Statement of Understanding indicating  “zero”
ADSC for AFROTC sponsorship.  Therefore, pursuant to his Statement  of
Understanding, signed on 28 February  1990,  his  date  of  separation
(DOS) should be 7 July 2001, which is based on a four-year  ADSC  only
for his Air Force Health  Professional  Scholarship  Program  (AFHPSP)
scholarship.

If the Board believes the needs of the Air Force and the  equities  of
this case are such that a change in DOS to 7  July  2001  would  cause
undue hardship on the physician  personnel  requirements  at  Holloman
AFB, he is willing to serve the remainder of his tour at Holloman AFB,
with the necessary DOS adjustment to 31 January 2002.

In support of his request, the applicant submits a personal  statement
with additional documents associated with  the  issues  cited  in  his
contentions.  These documents are appended at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant signed his AFROTC Scholarship contract  on  24  Aug  89;
and, on 28 Feb 90, he signed his AFHPSP contract.

On 21 May 90, the applicant was appointed a second lieutenant, Reserve
of the Air Force,  Medical  Services  Corps  (MSC)  officer.   He  was
appointed a captain, Medical Corps (MC), Reserve of the Air Force,  on
21 May 94.  The applicant was voluntarily ordered to  extended  active
duty on 8 Jul 97.  He is currently serving on active duty in the grade
of major, with an effective date and date of rank of 21 May 00.

The relevant facts pertaining to this application 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  Physician  Education  Branch,  HQ  AFPC/DPAME,  stated  that  the
applicant signed the AFROTC scholarship contract on 24  Aug  89.   His
AFROTC contract, Part 1, Item 1.k., states… “Cadets  accepted  into  a
Health Professions School before receipt of a degree and completion of
commission requirements will  be  given  a  conditional  release  from
AFROTC pending enrollment  and  acceptance  of  an  Air  Force  Health
Professions Scholarship.  Cadets accepting this release will retain an
active duty service commitment in accordance  with  AFR  36-51.”   The
applicant signed his AFHPSP contract on 28 Feb 90.   Paragraph  6d  of
the AFHPSP contract states he will not be  relieved  of  any  previous
ADSC; total ADSC will be served consecutively  with  any  other  ADSC.
The Statement of Understanding, signed on 28 Feb 90, is an addendum to
all AFHPSP contracts, when a member has a pre-existing ADSC.

DPAME stated that ADSCs are governed by Public  Law,  DoD  Instruction
and implemented by Air Force policy.  The applicant received  monetary
benefits  for  both  programs  and  received  the   appropriate   ADSC
associated with the training.  The ADSC was  calculated  correctly  by
DPAME and implemented upon the applicant’s accession  to  active  duty
(1997).  The rules in effect at  the  time  an  individual  signs  his
contract should be binding on both the Air Force and  the  individual.
DPAME indicated that since the  applicant  signed  his  contract,  his
request has no  merit.   An  administrative  error  initiated  by  the
University of Florida’s  AFROTC  Detachment  should  not  relieve  the
applicant of his contractual obligation,  considering  he  signed  two
separate contracts, which clearly state  both  of  his  AFSCs.   DPAME
recommended the applicant’s request be denied.   A  complete  copy  of
this evaluation is appended at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel reviewed the advisory opinion and indicated  that  the  AFROTC
contract does not indicate the length of the service  commitment  that
the cadet will be incurring under the contract.  The applicant  signed
his AFROTC contract in Aug 89, without ever thinking about  the  issue
of his ADSC for AFROTC if he were to accept an AFHPSP scholarship.  It
was not until Feb 90, when he was offered the AFHPSP scholarship, that
he inquired for the first time  what  his  AFROTC  service  commitment
would be if he accepted the AFHPSP contract.  It was at this time that
the only Air Force representative with whom the applicant  had  direct
contact looked into the matter on his behalf.  He was  told  that  his
service would be waived.  Prior to signing the AFHPSP contract, he was
unequivocally assured that his AFROTC obligation would be zero  if  he
accepted the AFHPSP scholarship.  To that end, he was also  told  that
he would have to sign a Statement of Understanding to that effect as a
required attachment to his AFHPSP contract,  which  he  did.   Counsel
indicated that the fact that the Air Force agreed back in  Feb  90  to
cancel the AFROTC service commitment was indeed the  most  significant
material fact relied upon by the applicant to induce him  into  making
the decision to accept the AFHPSP  scholarship,  which  he  understood
committed him to a four-year ADSC.  Now, ten  years  later,  it  seems
that the Air Force is attempting  to  renege  on  the  most  important
contractual representation that induced  the  applicant  to  sign  his
AFHPSP contract in the first place.  Had the applicant been told prior
to signing his AFHPSP contract, that he would still have to  serve  an
additional four years for his AFROTC scholarship, he  would  not  have
accepted the AFHPSP contract.  A complete copy of  counsel’s  response
is appended at Exhibit E).
_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of probable injustice.  In this respect, the Board  majority
noted that, prior to signing the Statement of Understanding (SOU)  and
the  Armed  Forces  Health  Professions  Scholarship   and   Financial
Assistance Contract on 28 Feb 90, the applicant queried the Air  Force
Reserve Officer Training Corps (AFROTC)  Detachment  NCOIC  concerning
the  zero  (0)  service  commitment  entered  on  the   Statement   of
Understanding (SOU).  Based on the confirmation that the  zero  active
duty service commitment, incurred through  AFROTC,  was  correct,  the
applicant signed both documents, with the understanding he  would  not
incur an additional  ADSC.   In  view  of  the  foregoing,  the  Board
majority believes that the  applicant  has  sustained  his  burden  of
establishing that he was counseled in advance of  signing  the  AFHPSP
contract that he would receive no active duty service commitment  from
AFROTC in return for  entering  the  AFHPSP.   Therefore,  it  is  the
opinion  of  the  Board  majority  that,  since  the   applicant   was
unequivocally assured that his AFROTC obligation would be zero  if  he
accepted the AFHPSP scholarship, he had no reason to  inquire  further
and signed the AFHPSP contract in  good  faith.   The  Board  majority
therefore concludes that equity dictates that the applicant’s  request
be approved.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that his  four-year  Active
Duty Service Commitment (ADSC), incurred as a result of his Air  Force
Reserve Officer Training Corps (AFROTC) contract,  be  declared  void;
and, his ADSC for completion of the Armed  Forces  Health  Professions
Scholarship Program (AFHPSP) is 7 July 2001.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 9 November 2000, under the provisions of AFI  36-
2603:

                  Mr. Wayne R. Gracie, Panel Chair
                  Ms. Marcia J. Bachman, Member
                  Mr. Clarence D. Long III, Member

Messrs. Gracie and Long voted to grant applicant's request.  Ms. Bachman
voted to deny the  applicant's  request.   Ms.  Bachman  indicated  that
despite the simple and clear Statement of  Understanding,  she  believes
the applicant received  adequate  notice  of  his  active  duty  service
commitments (ADSCs) when he signed the two separate contracts,  one  for
AFROTC and the other for AFHPSP.  The following documentary evidence was
considered:

   Exhibit A.  DD Form 149, dated 28 Jun 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAME, dated 28 Jul 00.
   Exhibit D.  Letter, SAF/MIBR, dated 11 Aug 00.
   Exhibit E.  Letter from counsel, dated 30 Aug 00.




                                   WAYNE R. GRACIE
                                   Panel Chair



AFBCMR 00-01784




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 four-year
Active Duty Service Commitment (ADSC), incurred as a result of his Air
Force Reserve Officer Training Corps (AFROTC) contract be, and hereby
is, declared void; and; his ADSC for completion of the Armed Forces
Health Professions Scholarship Program (AFHPSP) is 7 July 2001.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency