Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-2003-02221
Original file (BC-2003-02221.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02221
            INDEX CODE:  113.04

            COUNSEL:  NONE

            HEARING DESIRED:  YES



_________________________________________________________________

APPLICANT REQUESTS THAT:

Her three-year Active Duty Service Commitment Date  (ADSCD)  resulting
from the Air Force Intern Program (AFIP) be waived.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The three-year AFIP ADSC was based on her attendance in the  graduate-
level coursework at George Washington University (GWU) in  conjunction
with the AFIP.  However, due to a recent change  in  the  AFIP  policy
that allows only those officers who do not already  have  a  graduate-
level degree to attend the GWU portion, she was not selected to attend
GWU.  Consequently, she and 14 other interns will not be receiving any
of the advanced education assistance on which the ADSC  is  based  and
for which the ADSC was agreed.

In support of her request, the applicant submits a copy of her AF Form
63 (Active Duty Service Commitment (ADSC) Acknowledgment Statement), a
copy of a memorandum for Major  General  O’R---,  copies  of  HQ  AFPC
messages  concerning  AFIP,  HQ  USAF/DPLE  messages  concerning   the
modifications to AFIP and additional  documents  associated  with  the
issues cited in his contentions.  The applicant’s complete submission,
with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS)
reveals  the  applicant’s  Total  Federal  Commissioned  Service  Date
(TFCSD) as 26 November 1994.  She was progressively  promoted  to  the
grade of captain, with an effective date and date of rank  of  4  July
1998.  The applicant is currently assigned to the Pentagon as  an  Air
Force intern, with an ADSCD of 21 August 2008.

Information extracted from applicant’s submission reveals the AF  Form
63,  ADSC  Acknowledgement  Statement,  signed  on  17 January   2003,
indicates that the three-year ADSC she incurred was for the Air  Force
Intern Program (AFIP).
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAPE states that the three-year ADSC is consistent  with  all
USAF developmental education programs at or over one-year  in  length.
The three-year ADSC associated with AFIP is not  and  has  never  been
contingent  upon  the   graduate-level   coursework/degree   at   GWU,
therefore, the basis of the applicant’s ADSC waiver is  invalid.   The
HQ AFPC/DPAPE evaluation is at Exhibit B.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and indicated that  it  is
true that the AFIP ADSC is not  contingent  on  the  graduate  degree;
specifically, the master’s degree in  Organizational  Management  from
George Washington University (GWU).  If an intern did not  choose  the
option to earn the degree, that intern would  still  be  obligated  to
serve the three-year ADSC.  However, it is not true that the AFIP ADSC
is not and has never been  contingent  on  graduate-level  coursework.
There is no mention that entering AFIP with a  graduate  degree  would
disqualify an intern from participating in the coursework  and  having
the option to earn the degree.  The vast majority, if not all, of  the
“USAF  developmental  education  programs,”  including  AFIP,  require
graduate-level coursework and offer a degree.  It  is  not  a  “given”
that the AFIP ADSC is not and has never been  contingent  on  the  GWU
coursework and degree.  In fact, the  opposite  is  true.   Until  the
March 2003 e-mail and long after the AFIP nomination, application  and
acceptance process was complete in December 2002 and the AFSC AF  Form
63 was signed in January 2003,  the  GWU  coursework  was  a  required
component of AFIP, the GWU degree was an optional component  and  both
were integral to the ADSC incurred by  interns.   The  coursework  and
degree are not available to her and the other interns who entered AFIP
with a graduate degree; thus, the basis of the ADSC waiver  is  valid.
The applicant’s complete submission, with attachments, is  at  Exhibit
D.
_________________________________________________________________

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 error or injustice.  After a thorough review  of  the
applicant’s submission, we are unpersuaded that her  three-year  ADSCD
should be waived.  Her  contentions  are  duly  noted.   Although  the
applicant believes the AFIP policy changes concerning the criteria for
selection for the Advanced Academic Degree Program (AADP)  is  unfair,
we disagree.  We note that the  AFIP  ADSC  is  not  contingent  on  a
graduate degree and that the three-year ADSC is  consistent  with  all
Air Force developmental programs.  Inasmuch as  the  applicant’s  AFIP
ADSC was established in accordance with Air Force policy and  she  has
not been treated any differently than similarly situated  individuals,
she has not been the victim of an error or injustice.  In view of  the
above and absent sufficient evidence  to  the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of 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 [Board considered Docket Number BC-
2003-02221  in  Executive  Session]  considered  this  application  in
Executive Session on 17 December 2003, under the provisions of AFI 36-
2603:

                  Mr. David C. Van Gasbeck, Panel Chair
                  Mr. E. David Hoard, Member
                  Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:
The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2003-02221.

   Exhibit A.  DD Form 149, dated 25 Jun 03, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPAPE, dated 20 Oct 03.
   Exhibit C.  Letter, SAF/MRBR, dated 31 Oct 03.
   Exhibit D.  Letter from Applicant, dated 20 Nov 03, w/atchs.




                                   DAVID C. VAN GASBECK
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY1998 | BC-1996-00309

    Original file (BC-1996-00309.doc) Auto-classification: Denied

    Calculating the AFIT commitment based on 15 months placed his last day of commitment before the ending date of the VSI program, thus qualifying him for the VSI. DPPRP indicated that if the applicant believes that non-academic days should not be factored into the ADSC computation, then they suggest that non-duty time should not be counted in calculating the discharge of the ADSC and leave and weekends should be deducted from the service credit since completion of AFIT (see Exhibit C). He...

  • AF | BCMR | CY1998 | 9600309

    Original file (9600309.doc) Auto-classification: Denied

    Calculating the AFIT commitment based on 15 months placed his last day of commitment before the ending date of the VSI program, thus qualifying him for the VSI. DPPRP indicated that if the applicant believes that non-academic days should not be factored into the ADSC computation, then they suggest that non-duty time should not be counted in calculating the discharge of the ADSC and leave and weekends should be deducted from the service credit since completion of AFIT (see Exhibit C). He...

  • AF | BCMR | CY1998 | 9800642

    Original file (9800642.pdf) Auto-classification: Denied

    Applicant’s complete statement and documentary evidence submitted in support of his application are included as Exhibit A. seven-year ADSC. Applicant was not contracted to attend UPT until well after the 15 June 1988 change to the eight-year ADSC (Exhibit C with Attachments 1 and 2).

  • AF | BCMR | CY2006 | BC-2006-02418

    Original file (BC-2006-02418.doc) Auto-classification: Approved

    In support of her request, applicant provided Reports of Individual (RIP) and orders to and from PME assignments, ADSC contract, emails, and “corrected” ADSC. The applicant subsequently received a 2 May 06 RIP that updated her ADSC to 7 Jun 08 to reflect a three-year ADSC for in-residence PME. Although we recognize that the applicant could have been aware that PME normally carries a three-year ADSC, the official RIPs and PCS orders she received and acknowledged uniformly listed an ADSC for...

  • AF | BCMR | CY2005 | BC-2001-00295

    Original file (BC-2001-00295.doc) Auto-classification: Denied

    The applicant’s rebuttal, with attachments, is at Exhibit E. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The Chief, General Law Division, HQ USAF/JAG, noted that Section 2005 provides for recoupment if a member fails to complete the ADSC voluntarily or due to misconduct. On 14 Aug 01, DFAS-POCC/DE advised the applicant that, based on her placement on the TDRL, it was inappropriate at this time to recoup monies which might not be owed if...

  • AF | BCMR | CY1998 | 9701370

    Original file (9701370.pdf) Auto-classification: Denied

    This generated a training allocation notification R I T , which clearly indicated a three-year RDSC would be incurred, and applicant was required to initial the following statements on the RIP, I I I accept training and will obtain the required retainability" and ''1 understand upon completion of this training I will incur the following active duty service commitments (ADSC) ' I . Although documentation of counseling does not exist and applicant denies that it occurred, they believe it's a...

  • AF | BCMR | CY2003 | BC-2002-03589

    Original file (BC-2002-03589.doc) Auto-classification: Denied

    A complete copy of the evaluation is attached at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: The applicant’s daughter, in a letter dated 19 August 2003, informed this office the applicant died on 26 January 2003. At the time the servicemember was eligible to elect coverage there was no requirement, either by policy or statute to notify a spouse if the servicemember made no election for coverage. ...

  • AF | BCMR | CY1999 | 9900677

    Original file (9900677.doc) Auto-classification: Denied

    While the applicant has provided evidence of his motion sickness during UFT, he was allowed to continue with his training. No error was committed in allowing the applicant to complete UPT, and his resulting ADSC should be completed unless he is released by proper authority for other reasons. The Air Force would receive nearly four years of duty from the date of his graduation from UNT.

  • AF | BCMR | CY2003 | BC-2003-02485

    Original file (BC-2003-02485.doc) Auto-classification: Denied

    There is no evidence of an Air Force error or injustice, nor is there any basis in law to grant relief. In some states you are automatically divorced after such a length of time. After a thorough review of the evidence of record and applicant’s submission, we are unpersuaded that he should be allowed to terminate spouse coverage under the SBP.

  • AF | BCMR | CY2003 | BC-2002-03886

    Original file (BC-2002-03886.DOC) Auto-classification: Denied

    A complete copy of the HQ USAF/DPPCC evaluation is at Exhibit B. As of this date, no response has been received by this office (Exhibit C). While we find the applicant’s situation to be unfortunate, in the absence of sufficient evidence that his current BAH rate is erroneous, we agree with the recommendation of the OPR and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden of establishing that he has suffered either an error or an injustice.