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AF | BCMR | CY2001 | 0002402
Original file (0002402.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-02402
            INDEX NUMBER:  113.04

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Active Duty Service Commitment (ADSC) for attendance  at  the  Air
Force Institute of Technology (AFIT) be reduced to three years.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His record shows an ADSC through 29 May  2003,  which  is  a  50-month
commitment -- 14 months longer than he was told it would be  and  what
is specified in the current AFI 36-2107.  He was told by both AFIT and
base personnel before he PCS-ed to AFIT that he would incur  a  three-
year commitment after graduation and that the  AFIT  commitment  would
run concurrently with other commitments.  He read the article  in  the
Air Force Times about the simplification of ADSCs, which prompted  his
application.  He believes a  fair  commitment  for  an  AFIT  master’s
degree is three years.

The application is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 21 August 1997, the applicant signed AF  Form  63,  Officer  Active
Duty Service Commitment  (ADSC)  Counseling  Statement,  acknowledging
that he would incur an ADSC of three times  the  length  of  training,
with a maximum of four  years  for  undergraduate/masters  level.   He
completed a master’s degree program at AFIT, and was awarded  a  four-
year ADSC.  His ADSC date is 29 May 2003.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Active  Duty  Service  Commitments  Branch,   AFPC/DPSFO,
recommended disapproval.  The applicant stated he was not  advised  of
the proper ADSC until after graduation; however,  the  AF  Form 63  he
signed on 21 August 1997, prior to his AFIT start date of 2  September
1997, clearly stated the ADSC he would incur as a result of completing
an AFIT degree program.  Although he  maintains  that  AFIT  and  base
personnel told him his ADSC would be  three  years  after  graduation,
AFPC/DPSFO believes the AF Form 63 he signed clearly stated the proper
ADSC.

At the time the applicant  completed  the  program,  AFIT  ADSCs  were
determined using a formula-based method resulting in the longer of two
computations.  AFIT ADSCs were considered fair and equitable for  many
years prior to the recent change of AFI 36-2107.  The Secretary of the
Air Force chose not to retroactively apply the new ADSCs prescribed by
the 1 June 2000 version of  AFI 36-2107 to members who  were  properly
counseled and accepted ADSCs under the previous rules.   A  change  to
AFI 36-2107 is not, in and of itself,  adequate  justification  for  a
reduction of an ADSC a member was correctly  advised  of  and  entered
into prior to that change.

The applicant states that an Air Force Times article stated  the  ADSC
instruction was being changed because it was confusing, which made  it
unfair.  While the previous instruction may have been  confusing,  the
Secretary never established that the previous ADSC rules were unfair.

The AFPC/DPSFO evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
22 November 2000, for review and response, within 30 days (Exhibit D).
 He did not 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 probable error or injustice.  We took notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
office and adopt their rationale as the basis for our conclusion  that
the applicant has not been  the  victim  of  an  error  or  injustice.
Therefore, in the absence
of evidence to the contrary, we find no compelling basis to  recommend
granting the relief sought in this application.

_________________________________________________________________

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 February 2001, under the provisions of AFI  36-
2603:

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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Aug 2000.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSFO, dated 7 Nov 2000, w/atchs.
    Exhibit D.  Letter, SAF/MIBR, dated 22 Nov 2000.




                                   BENEDICT A. KAUSAL,IV
                                   Panel Chair


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