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AF | BCMR | CY2008 | BC-2007-03423
Original file (BC-2007-03423.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-03423
                                             INDEX CODE:  113.04
      XXXXXXXXXXXXXXXXXX                COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His Active Duty Service Commitment (ADSC) of 18 February 2012 be changed  to
29 June 2010.

________________________________________________________________

APPLICANT CONTENDS THAT:

For the past seven years, the Military Personnel Data  System  (MilPDS)  has
reflected his date of separation (DOS) as 29 June 2010.  He  requested  ADSC
verifications in 2002, and again in 2007, to confirm that  the  MilPDS  ADSC
was correct, and it was confirmed as correct.

He has made life-plans (fellowship training,  deployment,  etc.)  around  an
ADSC of 2010.

In support of his appeal, he has provided copies  of  an  AFPC/DPAME  letter
changing his ADSC to 18  February  2012,  and  an  e-mail  trail  containing
verification that his ADSC of 29 June 2010 was confirmed as correct  by  his
Military Personnel Flight (MPF).

Applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant was sponsored through the  Uniformed  Services  University  of
the Health Sciences (USUHS) from 1990-1994, which resulted in  a  seven-year
ADSC.

In 1999, the applicant was selected by the Graduate Medical Education  (GME)
Selection Board for orthopedic surgery  training.   He  secured  a  training
vacancy with the Department of Orthopedics at  the  Oregon  Health  Sciences
University for the period 1 October 2000 through 30 September 2005, and,  on
19 May 2000, signed an  ADSC  Statement  containing  an  incorrect  ADSC  of
29 September 2010.  In October 2003,  his  completion  date  for  orthopedic
residency training was adjusted to 30 June 2005, and his ADSC  was  adjusted
to an incorrect date of 29 June 2010.  He acknowledged this adjustment on  6
November 2003.

The applicant completed orthopedic training on 30 June 2005, which  resulted
in an additional 5-year ADSC.  Although ADSCs are normally calculated  based
on stop-dates  of  training,  the  29 June  2010 ADSC,  as  calculated,  was
incorrect as it did not include 1 year, 7 months, and 19 days  remaining  on
his ADSC for his previous USUHS sponsorship.

On 11 March 2007, the applicant requested separation under the PALACE  CHASE
Program which was subsequently disapproved.  In conducting a review  of  his
PALACE  CHASE  application,  AFPC/DPAME  discovered   the   error   in   the
calculation of his ADSC of 29 June 2010, and  adjusted  it  to  18  February
2012 to include the 1  year,  7  months,  and  19  days  remaining  for  his
previous USUHS sponsorship.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAME recommends denial based on the fact that all civilian  sponsored,
funded training results in an additional ADSC to be served consecutively  to
an existing ADSC.  The applicant is requesting that his  ADSC  incurred  for
civilian sponsored orthopedic training be served  concurrently,  instead  of
consecutively, to his former ADSC for USUHS  sponsorship.   Furthermore,  he
is requesting an ADSC of 29 June 2010, a date computed in error.

An error occurred when calculating his  ADSC  to  incorporate  his  civilian
sponsored orthopedic residency sponsorship and his remaining ADSC for  USUHS
sponsorship.  His ADSC was established as 29 June 2010, when,  in  fact,  it
should have been established as  18  February  2012,  and  MilPDS  has  been
updated to reflect the correct ADSC.

The applicant indicates he was advised by  the  McChord  AFB  MPF  that  his
civilian sponsored ADSC would be served concurrently with  his  pre-existing
USUHS ADSC.  Regardless of what he claims to have been  told,  all  civilian
sponsored, funded training results  in  an  additional  ADSC  to  be  served
consecutively to an existing ADSC.  He was aware that he had a  pre-existing
ADSC of 1 year, 7 months, and 19 days remaining for his  USUHS  sponsorship,
and adding 5 years to the anticipated completion date of 30 June 2005  would
have resulted in an ADSC of  18 February  2012.   When  errors  occasionally
occur in ADSC calculations, their experience has  been  that  the  obligated
officers contact them with questions about the  discrepancy,  regardless  of
whether the error was in their favor or  not.   Obligated  medical  officers
are keenly aware of the dates of their service obligations, and AFPC  relies
on the integrity of obligated officers to disclose an  ADSC  that  has  been
calculated erroneously.  It is  not  acceptable  to  assume  that  an  error
removes accountability.

The ADSC Statement signed by applicant clearly states that an  ADSC  may  be
recalculated based on changes  in  assignment,  completion  date(s),  or  an
error in the original computation.  An audit  of  his  records  revealed  an
error in the  original  calculation  and  he  was  provided  with  a  letter
identifying the error on 27 September 2007.

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

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation  was  forwarded  to  the  applicant  on  7
December 2007, for review and comment, 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice  to  warrant  corrective  action.   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 of primary responsibility and adopt its rationale as the  basis
for our conclusion that the applicant has not been the victim  of  an  error
or injustice.  The applicant’s contentions are noted; however, all  civilian
sponsored, funded training results in an ADSC to be served consecutively  to
any existing ADSC(s).  Evidence has been presented that  an  error  occurred
when calculating his ADSC to incorporate his civilian  sponsored  orthopedic
residency  sponsorship  and  his   remaining   ADSC   for   previous   USUHS
sponsorship.  Although he  may  have  been  advised  by  his  MPF  that  the
erroneous ADSC was correct, ADSCs may be recalculated based  on  changes  in
assignment, completion date(s), or an error  in  the  original  computation.
When  ADSC  computation  errors  are  discovered,   they   do   not   remove
accountability for the correct ADSC.  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 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  Docket  Number  BC-2007-03423
in Executive Session on 30 January 2008, under the  provisions  of  AFI  36-
2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. Kurt R. LaFrance, Member
                       Ms. Lea Gallogly, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Oct 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAME, dated 6 Nov 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Dec 07.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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