ADDENDUM
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2010-02313
		COUNSEL:  NONE
   	HEARING DESIRED:  NO

________________________________________________________________


APPLICANT REQUESTS THAT:

1.  His Date of Rank (DOR) to the grade of first lieutenant be 
changed from 1 Apr 12 to 17 Oct 09 (the date day after his 
disenrollment from the Uniformed Services University of Health 
Sciences (USUHS).

2.  His Active Duty Service Commitment (ADSC) date be changed 
from 31 Mar 14 to 1 Feb 12. 

________________________________________________________________


RESUME OF CASE:

The applicant is currently serving on active duty in the grade 
of first lieutenant, having assumed that grade effective and 
with a date of rank of 1 Apr 12.  

From 2 Jul 07 to 16 Oct 09, the applicant was enrolled in 
Uniformed Services University of the Health Sciences (USUHS) as 
a medical student.  On 16 Oct 09, he was disenrolled from 
medical school.  Following his elimination from medical school, 
the applicant requested competitive category transfer from the 
Medical Services Corps (MSC) to the Line of the Air Force (LAF).  
His request was approved.  He was separated from the MSC in 
student status while assigned to USUHS on 31 Mar 10, and 
accessed to active duty LAF as a direct accession on 1 Apr 10.

In accordance with Chapter 104 of Title 10, United States Code 
(USC) and his USUHS contract page 4, paragraph 13b, he incurred 
an ADSC of 2 years, 3 months and 14 days for the time he was 
enrolled at USUHS as a medical student.

He has been on continuous active duty since 17 Oct 09.  

On 1 Apr 10, he was transferred from the MSC to the LAF in the 
grade of second lieutenant. 

On 24 Feb 11, the Board considered and denied his request that:

	1.  He be given time in grade and service credit for the 
period he attended the Uniformed Services University of the 
Health Sciences (USUHS), from 31 May 07 to 31 Mar 10

	2.  Based on receiving the requested service and time in 
grade credit, he be promoted to the grade of first lieutenant 
with a date of rank (DOR) and effective date of 2 Jul 09 with 
appropriate back pay and allowances.  

The Board’s decision was based on the rationale and 
recommendations provided by AFPC/DPSIPV and AFPC/JA which stated 
that the applicant had not been the victim of an error or 
injustice (see Exhibit G, Record of Proceedings.)

On 10 May 11, the applicant submitted a request for 
reconsideration via a new DD Form 149, with attachments (Exhibit 
H.)  On 5 Aug 11, he was notified that his request did not meet 
the criteria for reconsideration (Exhibit I).  

In his most recent submission, dated 12 Mar 12, the applicant 
states that on 16 Oct 09, he was disenrolled from USUHS.  On 
17 Oct 09, he was assigned duties in an Air Force office and his 
OPR for this period proves he fulfilled his service commitment. 
The applicant’s complete submission, with attachments, is at 
Exhibit J.

On 21 Dec 12, the Air Force office of primary responsibility 
administratively corrected the applicant’s ADSC to reflect 8 Jun 
13.

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AIR FORCE EVALUATION:

AFPC/DPANE recommends adjusting the applicant’s ADSC to reflect 
30 Jan 12.

DPANE states that the applicant’s disenrollment from USUHS does 
not affect the intent/contents of his USUHS contract; therefore, 
the Air Force and the applicant need to comply with the contents 
of the contract.

The complete DPANE evaluation is at Exhibit K.

AFPC/DPSIP states that the applicant’s ADSC of 8 Jun 13 is 
correct in MilPDS.  

DPSIP’s remaining comments are summarized as follows:

	1.  The applicant’s Fiscal Year 07 USUHS contract agreement 
lists the requirement to serve an active duty obligation 
following elimination from the program as “one (1) day for each 
day of participation or one (1) year, whichever is greater, in 
addition to any active duty obligation imposed by any other 
provision of law.”  DPSIP agrees that his ADSC associated with 
elimination from medical school is 837 days beginning on 17 Oct 
09 and ending 30 Jan 12.  Furthermore, in accordance with his 
USUHS contract, he began fulfilling his USUHS-related ADSC 
immediately following elimination from medical school; 
therefore, his ADSC associated with his elimination from medical 
school has been fulfilled.

	2.  He also incurred a 3-year ADSC for direct accession 
into the LAF as a result of his competitive category transfer.  
Effective, 1 Apr 10, his ADSCs for USUHS elimination and direct 
accession are concurrently served.  Effective 1 Apr 13, his 
accession–related ADSC will be fulfilled, provided he 
continually serves on active duty.

DPSIP notes the applicant’s accession ADSC was erroneously 
updated in MilPDS to reflect four (4) years from the date of 
accession with an expiration date of 31 Mar 14.  Based on this 
analysis, his accession ADSC will be adjusted to 31 Mar 13.

DPSIP notes it is possible for a USUHS participant to complete 
the ADSC associated with medical school elimination while 
assigned as a student in USUHS.  Although elimination from 
medical school may precede action to transfer the officer from 
one competitive category to another, the request to do so is 
voluntary and the commitment associated with accession is 
distinct. 

DPSIP notes the applicant incurred a 1-year ADSC as a result of 
his overseas to CONUS PCS.  Both his accession and PCS ADSCs run 
concurrently and if he remains on active duty, he will fulfill 
the ADSC associated with his PCS on 8 Jun 13.

	3.  DPSIP states that by law, students participating in the 
USUHS program serve on active duty; however, are not placed on 
the active duty list (ADL) which excludes them from earning 
credit for promotion, separation and retirement.  Furthermore, 
in accordance with 10 USC, Chapter 105, Armed Forces Health 
Professions Financial Assistance Programs, “… service performed 
while a member of the program shall not be counted (1) in 
determining eligibility for retirement other than by reason of 
physical disability incurred while on active duty as a member of 
the program, or (2) in computing years of service credible under 
section 205 of title 37.”  In addition, DoD Financial management 
Regulation (FMR) Volume 7A, Chapter 1, indicates the time a 
member serves while enrolled in the Armed Forces Health 
Professions Scholarship and Financial Assistance program or 
while a student at the USUHS is not credible towards pay.  
Lastly, AFI 36-2604, Service Dates and Dates of Rank, defines 
extended active duty (EAD) for the purpose of determining 
service dates as duty on the ADL of an armed service for 90 days 
or more.  Students eliminated from medical school while 
participating in USUHS will remain assigned to USUHS (on active 
duty in student status) until such time as they are either 
discharged or transferred to another competitive category.  

DPSIP notes that although the applicant was eliminated from 
medical school on 16 Oct 09, he remained a student assigned to 
USUHS until his official elimination from the program on 31 Mar 
10.  The following day he was accessed to active duty in the LAF 
as a Logistics Readiness Officer.  DPSIP agrees his active duty 
service from 16 Oct 09 through 31 Mar 10 are credible towards 
satisfying his ADSC for medical school elimination; however, the 
period was not served on the Active Duty List (ADL) and is not 
credible towards retirement, promotions, etc.  Therefore, his 
Total Active Federal Military Service, Pay Date and Extended 
Active Duty service dates of 1 Apr 10 and his effective date of 
promotion to first lieutenant of 1 Apr 12, are correctly 
annotated on his current statement of service.  

	4.  If eliminated from USUHS prior to graduation the 
officer may be discharged or seek a competitive category 
transfer into another non-line medical specialty or into the 
LAF.  Since the applicant performed duties as an Administrative 
Officer for the Pathology Department Vice Chairman, he was 
entitled to have that duty documented on his final training 
report (AF Form 475); however, as a student, he was not entitled 
to receive an OPR.  DPSIP defers to DPSID for analysis and 
recommendation focused on the validity of the applicant’s OPR 
which closed out on 16 Apr 10.

DPSIP notes the applicant should apply for ADSC waivers in 
accordance with AFI 36-3206, Separations.

The complete DPSIP evaluation, with attachments, is at Exhibit 
L.

AFPC/JA concurs with the recommendation provided by AFPC/DPSIP.

The complete JA evaluation is at Exhibit M.

________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

In an electronic message dated 4 Sep 12, the applicant states 
that he has no other concerns regarding the Air Force 
evaluations; however, he requests the contents of the OPR 
rendered for the period of 17 Oct 09 to 16 Apr 10 be transferred 
to his USUHS training record.  He worked hard to receive the 
laudatory comments from the now retired colonel on his first 
OPR.  

The applicant’s complete submission is at Exhibit O.

________________________________________________________________


ADDITIONAL AIR FORCE EVALUATION:

AFPC/DPSID recommends both the applicant’s OPR rendered for the 
period of 17 Oct 09 to 16 Apr 10 and the Training Report 
rendered for the period of 21 Aug 08 to 28 Jun 09 be removed 
from his records and replaced with an AF Form 77, Letter of 
Evaluation, which documents the comments in the aforementioned 
performance report as stated in the AIG 8106 MSG dated Jul 07 - 
“Evaluations on personnel in functional category L, to include 
those in casual status, will not be accomplished.  The 
appropriate tool to capture their performance is the letter of 
evaluation (LOE).”

The complete DPSID evaluation, with attachment, is at Exhibit P.

________________________________________________________________

APPLICANT’S REVIEW OF THE ADDITIONAL EVALUATION:

A copy of the additional Air Force evaluation was forwarded to 
the applicant on 19 Sep 12, for review and comment within 
30 days.  As of this date, this office has received no response 
(Exhibit Q).

________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

SAF/MRB Legal Advisor makes no recommendation.  The MRB Legal 
Advisor states that the law in this area is complex and the 
Board has received conflicting advice in the past.  However, 
they have since received definitive legal guidance from the 
Administrative Law Directorate of the Office of the Judge 
Advocate General of the Air Force (AF/JAA).  

The MRB Legal Advisor states that according to AF/JAA, if an 
officer is appointed in another competitive category, both the 
time spent as an enrolled student at the USUHS and time after 
disenrollment would count toward credit for promotion.  However, 
if the officer is separated without an appointment in another 
competitive category, neither period could be counted.  

The MRB Legal Advisor notes that AFPC/JA in its 
3 Aug 12 advisory, adopted the 20 Jul 12, advisory from 
AFPC/DPSIP.  However, the MRB Legal Advisor has since confirmed 
that regarding credit for promotion, AFPC/JA has changed its 
position to align with that of AF/JAA.

The complete MRB evaluation, with attachment, is at Exhibit R.

________________________________________________________________


APPLICANT’S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION:

On 3 Jul 13, by electronic message the applicant states that he 
does not intend to provide rebuttal comments to the SAF/MRB 
Legal Advisors or AF/JAA evaluations.  

The applicant’s complete submission is at Exhibit T.

________________________________________________________________

THE BOARD CONCLUDES THAT:

After careful reconsideration of all the facts and circumstances 
of applicant's case, along with the additional documentation 
provided it appears that relief is warranted.  Although the Board 
has received conflicting information in the past regarding USUHS 
credit and previously denied the applicant’s request, we have 
since received definitive guidance on how to proceed.  According 
to AF/JAA, if a disenrolled officer receives an original 
appointment to another competitive category, the USUHS service is 
creditable as prior-commissioned service for entry grade 
consideration.  Based on the evidence of record, the applicant 
did in fact transfer to another competitive category and should 
receive the appropriate service credit.  While the applicant 
requests his DOR to the grade of first lieutenant be changed to 
17 Oct 09, we believe the more appropriate remedy, is to correct 
his records to show that his DOR to first lieutenant was changed 
to 31 May 09, (which includes all of his USUHS time) with an  
effective date of 1 Apr 10 (the date he was appointed in another 
competitive category).  Additionally, we recommend that he be 
considered for promotion to the grade of captain by a Special 
Selection Board.  Regarding his request that his ADSC be changed, 
we note that the applicant’s USUHS ADSC obligation has been 
fulfilled and his service dates are now correct in MilPDS, 
therefore, this portion of his request is moot.  We note 
AFPC/DPSID recommends his OPR closing 16 Apr 10, and the 
Education/Training Report closing 28 Jun 09, be removed from his 
records; however, we note the applicant has not requested this 
action.  Therefore, in view of the above, we recommend his record 
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 he was 
placed on the Active Duty List in the grade of first lieutenant 
with a date of rank (DOR) of 31 May 09, and an effective date of 
1 April 2010. 

It is further directed that he be considered for promotion to 
the grade of captain (0-3) by a Special Selection Board (SSB) 
for the Calendar Year 2010B (P0310B) Captain Promotion Process.

The following members of the Board considered this application 
in Executive Session on 16 Jul 13 and 3 Sep 13, under the 
provisions of AFI 36-2603:

			Panel Chair
      Member
	Member

All members voted to correct the records, as recommended.  The 
following documentary evidence was considered pertaining to 
AFBCMR Docket Number BC-2010-02313:

    Exhibit G.  Record of Proceedings dated 8 Mar 11, w/Exhibits 
                A through F.
    Exhibit H.  Applicant’s DD Form 149, dated 10 May 11, w/atchs.
    Exhibit I.  Letter, AFBCMR, dated 5 Aug 11.
    Exhibit J.  Letter, Applicant, dated 12 Mar 12, w/atchs.
    Exhibit K.  Letter, AFPC/DPANE, dated 1 Jun 12.
    Exhibit L.  Letter, AFPC/DPSIP, dated 20 Jul 12, w/atchs.
    Exhibit M.  Letter, AFPC/JA, dated 3 Aug 12.
    Exhibit N.  Letter, SAF/MRBC, dated 14 Aug 12.
    Exhibit O.  Email, Applicant’s Rebuttal, dated 4 Sep 12.
    Exhibit P.  Letter, AFPC/DPSID, dated 17 Sep 12, w/atch.
    Exhibit Q.  Letter, SAF/MRBC, dated 19 Sep 12.
    Exhibit R.  Letter, SAF/MRB, dated 13 May 13, w/atch.
    Exhibit S.  Email, SAF/MRBC, dated 28 May 13.
    Exhibit T.  Email, Applicant, dated 3 Jul 13.




                                   
                                   Panel Chair