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AF | BCMR | CY2002 | 0101885
Original file (0101885.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01885
            INDEX CODE:  113.04

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His four-year  Air  Force  Reserve  Officer  Training  Corps  (AFROTC)
obligation be waived to two years since he only received two years  of
AFROTC sponsorship.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes the four-year active duty  service  commitment  (ADSC)  he
received for his two-year pre-Health Professions  Scholarship  Program
(HPSP) scholarship is unjust.  This ADSC does not parallel other  very
similar  scholarship  programs,  most  notably  the  HPSP  scholarship
program.  A four-year HPSP scholarship has a four-year ADSC.  However,
the three-year HPSP scholarship has a  three-year  commitment,  not  a
four-year commitment (one year ADSC for each scholarship  year  paid).
Based on this, he feels his two-year pre-HPSP scholarship should  have
a two-year ADSC (one year ADSC for each scholarship year), not a four-
year ADSC.  This would change his ADSC from 9  June  2005  to  9  June
2003.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was sponsored through AFROTC from 1987-1989 and AFHPSP  from
1989-1993.  He was selected for Anesthesiology at Wilford Hall Medical
Center, Lackland AFB, TX from 1993-1997.

Applicant acknowledges he was awarded  the  AFROTC  and  Armed  Forces
Health Professions Scholarships (AFHPSP).   He  signed  contracts  for
both scholarship programs as well as a statement of understanding that
he would incur four years of ADSC for participation in  AFROTC  to  be
served consecutively to his AFHPSP commitment of four years.

Applicant signed his AFROTC scholarship contract on 9 September  1987.
He received his second lieutenant reserve commission appointment on 20
May 1989 and on 21 May 1989 was transferred from the line of  the  Air
Force to the Medical Service  Corps  to  begin  his  four-year  AFHPSP
effective 21 August 1989.  He was commissioned as an Air Force officer
through AFROTC which resulted in a four year ADSC.

Applicant signed  his  AFHPSP  contract  on  15  February  1989.   The
Statement of Understanding signed by applicant is an addendum  to  all
AFHPSP contracts, which states that the remaining commitment  of  four
years will  be  served  consecutively  with  his  commitment  incurred
through the HPSP.


_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Physician  Education   Branch,   AFPC/DPAME,   recommends
disapproval.  He indicates that Air Force Medical Service (AFMS) ADSCs
are governed by public law and DOD Instruction and are implemented  by
Air Force policy.  The applicant received monetary benefits  for  both
programs  and  received  the  appropriate  ADSCs.   The   ADSCs   were
calculated  correctly  and  implemented   upon   completion   of   his
Anesthesiology training program on 30 June 1994.  The rules in  effect
at the time an individual signs his contract should be binding on both
the Air Force and the individual.  Applicant had  knowledge  of  these
rules as outlined in his contracts.  He signed contracts that  clearly
stated what his ADSCs would be for AFROTC and AFHPSP.

A complete copy of the evaluation, with attachments,  is  attached  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 August 2001, a copy of the Air Force  evaluation  was  forwarded
the applicant for review and response within  30  days.   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.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or  injustice.   After  reviewing  the
evidence of record, we are not persuaded that the applicant’s  records
are in error or that he has been the  victim  of  an  injustice.   His
contentions are noted; however, in our opinion, the detailed  comments
provided by the appropriate Air Force office adequately address  those
contentions.  The applicant  signed  contracts  for  both  scholarship
programs as well as a statement of understanding that he  would  incur
four  years  of  ADSC  for  participation  in  AFROTC  to  be   served
consecutively to his AFHPSP commitment of four years.   The  applicant
quotes an Air Force press release that indicates members would have  a
chance to be heard if they believed they were not being treated fairly
under changes to the rules on  ADSCs.  However,  in  addition  to  the
statement pointed to by the applicant, the press release  also  stated
that “Air Force members will maintain their current ADSCs as reflected
on the signed AF Forms 63 in their personnel files....airmen will move
under the new rules as they sign new ADSC commitments.”  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 3 October 2001, under the provisions of  AFI  36-
2603:

                       Mr. John L. Robuck, Panel Chair
                       Ms. Marcia J. Bachman, Member
                       Mr. Clarence D. Long, III, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 3 Jul 01, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPAME, dated 25 Jul 01, w/atchs.
      Exhibit D. Letter, AFBCMR, dated 10 Aug 01.




                             JOHN L. ROBUCK
                             Panel Chair

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