RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-02230

            COUNSEL:  NONE

            HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His Active Duty Service Commitment (ADSC) incurred for  Preventive  Medicine
(PM) Fellowship be changed from consecutive to concurrent and  his  date  of
separation (DOS) be changed from 9 June 2003 to 9 June 2001.


APPLICANT CONTENDS THAT:

He was miscounseled regarding his  ADSC  for  PM  Fellowship  and  his  ADSC
contract cited the wrong table upon which to calculate the ADSC.

The applicant states that he was counseled on 2  June  1997  that  the  AFSC
would be two years concurrent.  Based on this information, he  accepted  the
position.  The  ADSC  contract  arrived  late  (two  duty  days  before  the
fellowship  began)  and  incorrectly  reflected  the  ADSC  as  consecutive.
However, the same ADSC contract clearly stated the ADSC is calculated  based
on DoDD 6000.2 and AFI 36-2107, tables 1, 2, 3, and 10 (i.e., concurrent).

In support of the appeal, applicant submits a  statement  from  the  officer
that miscounseled him regarding his ADSC, a  talking  paper  concerning  the
Fiscal Year 1997 PM Fellowship Position, and the ADSC  statement  he  signed
on 29 July 1997.

The applicant’s complete submission is attached at Exhibit A.


STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letters 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, Physician Education Branch, AFPC/DPAME, reviewed the  application
and states the  applicant  was  aware  his  obligation  for  the  fellowship
training  at  the  Air  Force  Medical   Operations   Agency   (AFMOA)   was
consecutive.  He could have declined  the  training  on  29 July  1997.   He
opted to  accept  the  training,  and  remain  in  the  local  area  for  an
additional year.  He discovered in September 1997, when the  new  rates  for
the special pays were  released,  the  impact  of  his  accepting  the  non-
Graduate Medical  Education  (GME)  fellowship  position.   Therefore,  they
recommend the application be denied.

A complete copy of the Air Force evaluation is attached at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force  evaluation  and  states  that  he  was
aware his ADSC was concurrent based  on  the  counseling  he  received,  the
tables cited in the ADSC contract, and no contrary information from the  Air
Force prior to receiving the ADSC contract on 29  July  1997.   Furthermore,
declining the training on 29 July 1997, two days prior to his  report  date,
would have been practically impossible.  He always  knew  the  impact  of  a
consecutive ADSC on his pay.  In addition,  the  Education/Permanent  Change
of Station (PCS) Request lists the reason for the request  was  active  duty
GME to GME.   Given  the  fact  the  fellowship  was  predominantly  manning
assistance in an active duty setting, with little or no training,  he  would
not have applied for the position had it carried  a  consecutive  ADSC.   He
entered into the assignment in good faith to assist a manning short fall  at
the Air Staff.

The applicant’s complete response is attached at Exhibit E.


ADDITIONAL AIR FORCE EVALUATION:

The Chief, Physician Education Branch, AFPC/DPAME, reviewed the  applicant’s
rebuttal comments and states that applicant’s ADSC  was  correctly  computed
prior to his accepting/entering the fellowship. Graduate  Medical  Education
(GME) obligations are not applied to training that does not  result  in  the
awarding of an Air Force  Specialty  Code  (AFSC).   The  applicant  clearly
acknowledges this fact in his rebuttal when he states that, “Lt  Col  E  saw
the opportunity  to  use  the  Preventive  Medicine  fellowship  as  manning
assistance.”   The  fellowship  was  not  accredited  by  the  Accreditation
Council for GME (ACGME) which  is  the  official,  recognized  accreditation
body for all GME programs.  In fact,  the  fellowship  was  completely  non-
clinical.  The obligation for Multi-Year Special  Pay  (MSP)  of  $10,000.00
(per year) is served consecutive to any  educational  ADSC.   Currently,  if
the applicant were to sign an MSP contract, his MSP obligation  would  begin
in 2003.  If the Board rules the ADSC should be  concurrent,  his  ADSC  for
training would be adjusted to 2001 and his MSP  obligation  would  start  in
2001.  According to the special pay branch, the applicant has been  eligible
to request and receive MSP since 12 June 1999 (8  years  credible  service).
He would be  required  to  serve  the  number  of  years  remaining  of  his
educational ADSC  without  MSP  prior  to  separation  or  retirement.   The
applicant is not currently receiving MSP.  However, if he were  to  sign  an
MSP contract, his obligation date for his  2-3-4  year  MSP  contract  would
begin the day after the expiration of his education  ADSC.   In  any  event,
the applicant would be required to  serve  a  period  of  time  without  MSP
because he has an existing educational ADSC.  Therefore, they recommend  the
application be denied.

A complete copy of the Air Force evaluation is attached at Exhibit G.


APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A complete copy of the additional Air Force evaluation was forwarded to  the
applicant on  17  March  2000  for  review  and  response  within  30  days.
However, as of this date, no response has been received by this office.


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 error or injustice.  After  thoroughly  reviewing  the
evidence of record and noting the applicant’s contention, a majority of  the
Board is sufficiently persuaded that applicant  was  miscounseled  regarding
his ADSC for Preventive Medicine (PM) Fellowship at the  Air  Force  Medical
Operations Agency (AFMOA).  The majority of the Board  notes  that  although
the ADSC contract indicated the ADSC would be served consecutively, it  also
stated the ADSC would be calculated based on DoDD 6000.2  and  AFI  36-2107,
tables 1, 2, 3 and  10  (e.g.,  concurrent).   In  support  of  the  appeal,
applicant has provided a statement from the officer  that  miscounseled  him
indicating  that  he  told  the  applicant  the   ADSC   would   be   served
concurrently.  Furthermore, the Air Force indicates that AFI 36-2107,  Table
28, Rule 36, does  not  apply  because  the  fellowship  training  was  non-
Graduate Medical Education (GME) related;  however,  the  DPMAE  Educational
PCS Request reflects, “Active Duty GME to GME.”  In view of this, and  based
on the statement from the individual  that  miscounseled  the  applicant,  a
majority of the Board believes the interest of equity and justice  can  best
be served by correcting the applicant’s records to reflect that the ADSC  he
incurred for PM Fellowship at the AFMOA is a concurrent  commitment,  rather
than consecutive.  As a result of  this  correction,  the  applicant’s  ADSC
will be adjusted to 9 June 2001 and he will be able to apply for a  date  of
separation (DOS) on or after  that  date,  in  accordance  with  established
procedures.  Therefore, a majority of the Board recommends  the  applicant’s
records be corrected to the extent 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 as a result  of  his  completion  of
Preventive Medicine (PM) Fellowship at  the  Air  Force  Medical  Operations
Agency (AFMOA)  on  30  July  1998,  he  incurred  an  Active  Duty  Service
Commitment (ADSC) of 9 June 2001.


The following members of the Board considered this application in  Executive
Session on 28 June 2000, under the provisions of AFI 36-2603:

                  Dr. Gerald B. Kauvar, Panel Chair
                  Ms. Marcia J. Bachman, Member
                  Mr. Roger E. Willmeth, Member

A majority of the Board voted to correct the records, as  recommended.   Mr.
Willmeth recommended the application be denied but does not wish  to  submit
a minority report.  The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 27 Aug 99, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPAME, dated 20 Sep 99, w/atchs.
      Exhibit D.  Letter, SAF/MIBR, dated 8 Oct 99.
      Exhibit E.  Letter, Applicant, dated 6 Oct 99, w/atchs.
      Exhibit F.  Letter, AFPC/DPMAF2, dated 7 Mar 00, w/atchs.
      Exhibit G.  Letter, AFPC/DPAME, dated 7 Mar 00, w/atch.
      Exhibit H.  Letter, SAF/MIBR, dated 7 Mar 00.




             ROGER E. WILLMETH
                                  Acting Panel Chair