ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02087
INDEX CODE: 128.06
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be changed to allow him to receive the Health Professional cash
bonus and student loan repayment that were his incentive to join the Air
National Guard (ANG).
_________________________________________________________________
STATEMENT OF FACTS:
The applicant, a dentist, began the appointment process into the California
Air National Guard (CAANG) in November 2000. At that time, bonus and loan
repayment programs were in effect as an incentive for health professionals
to join the ANG. During the appointment process it became known he had
underwent Lasik eye surgery in June 2000. Consequently, his physical
paperwork was delayed for approximately a year, the required post-operative
waiting period for appointment. He was eventually appointed in the CAANG
effective 6 April 2002. In 2002 however, the Health Professionals bonus
and loan repayment incentives were not applicable to appointments in the
field of dentistry. Therefore, he did not receive either incentive, as he
was not appointed in a year in which they were available.
On 6 January 2004, the applicant's request to have his eligibility for
bonus/loan repayment entitlements reevaluated was considered and denied by
the Board. For an accounting of the facts and circumstances surrounding
the applicant’s request, and, the rationale of the earlier decision by the
Board, see the Record of Proceedings at Exhibit E.
On 19 May 2004, applicant submitted a request for reconsideration of his
entitlement to Health Professionals cash bonus of $30,000 and the Health
Professionals Loan Repayment Program ($50,000) upon his appointment in the
California Air National Guard (CAANG). To support his request, applicant
has provided a personal statement, copies of both of his AF Form 24’s,
Application for Appointment as Reserve of the Air Force or USAF without
Component, from each attempt to join the CAANG, a statement from the
company that performed his Lasik surgery, copies of select documents from
his appointment package, and letters of support to the Board from the
director of personnel of his unit in California.
The applicant's complete submission, with attachments, is at Exhibit F.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice warranting award of the noted
Health Professionals incentives, $30,000 bonus and $50,000 student loan
repayment, to the applicant. His dilemma appears to have been caused more
by a lengthy appointment process and medical waiver procedure than by
laxity on his part. We carefully considered the additional evidence, in
particular statements from the unit Director of Personnel who indicated the
applicant continued his appointment processing under the reasonable
expectation he was and would remain qualified for the incentives. He has
continued to serve and honor his commitment to the Air National Guard
despite not receiving the noted incentives. Since no evidence has been
presented to show negligence on his part and to preclude the possibility of
an injustice, we recommend his 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:
a. He was appointed in the California Air National Guard on 6
September 2001, rather than on 6 April 2002.
b. He be credited with an additional 14 non-paid inactive duty
training points for the retirement/retention year 6 September 2001 to 5
September 2002.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 16 September 2004, under the provisions of AFI 36-2603:
Ms. Peggy E. Gordon, Panel Chair
Mr. James W. Russell, III, Member
Ms. J. Dean. Yount, Member
The following documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 10 Feb 2004,
with exhibits A through D.
Exhibit F. Letter, Applicant, dated 19 May 04, w/atchs.
PEGGY E. GORDON
Panel Chair
AFBCMR BC-2003-02087
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:
a. He was appointed in the California Air National Guard on 6
September 2001, rather than on 6 April 2002.
b. He be credited with an additional 14 non-paid inactive duty
training points for the retirement/retention year 6 September 2001 to 5
September 2002.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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