RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02886 

COUNSEL: NONE 

 HEARING DESIRED: NOT INDICATED 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. Her date of rank be corrected to 6 January 2007. 

 

2. She be paid for the period 6 January 2007 – 8 March 2007, or, 
in the alternative, her Active Duty Service Commitment (ADSC) be 
corrected from 42 months to 40 months. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Her ADSC was miscalculated by two months as a result of her 
signing two separate Air Force Forms 133, Oath of Office 
(Military Personnel), on 6 January 2007 and 9 March 2007. 

 

In support of her appeal, the applicant submits copies of an 
Education Acknowledgment Letter (EAL), Oath of Office, Financial 
Assistance Program (FAP) Contract, Statement of Understanding, 
Acceptance Letter for Appointment, Commissioning Information, and 
a Under Secretary of Defense Memorandum, Revised Policy for 
Active Duty Health Professions/Financial Assistance Program 
Stipend and Annual Grant Amount. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is currently serving in the Regular Air Force in 
the grade of captain (O-3) as a Staff Pediatrician. On 6 January 
2007, she signed a Fiscal Year 2007 Contract for the FAP in which 
paragraph 3 read “I understand selection is contingent upon 
meeting all eligibility requirements for entry. I further 
understand this agreement is void if it is determined I am 
ineligible for AFFAP entry.” The Air Force Form 133 that she 
signed on 6 January 2007 was voided because she did not meet all 
eligibility requirements (she was not officially commissioned). 
On 9 March 2007, the SecDef approved the applicant’s Reserve 
appointment, which authorized her to be commissioned. On 9 March 
2007, she signed a valid Air Force Form 133, officially 
commissioning her into the Reserve of the Air Force. The 
applicant signed the EAL, indicating she understood that the 
commencement date of her specialized training, for the purpose of 


FAP, was 9 March 2007, and that she incurred an ADSC of three 
years and six months. She was in the FAP program from 9 March 
2007 through 30 Jun 2009, giving her an ADSC of 42 months. 

 

During an audit of the applicant’s records, it was identified her 
ADSC was erroneously updated in the military personnel system as 
24 June 2012; therefore, it was subsequently updated to reflect 
her correct ADSC of 24 December 2012. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIP recommends denial. DPSIP states that Air Force 
Instruction 36-2107, Active Duty Service Commitments, Table 1.1, 
Rule 31, indicates that members who participate in the Residency 
FAP, will incur an ADSC of two years for first year (or portion 
thereof), then six months for each six month increment thereafter 
(or portion thereof). 

 

DPSIP indicates the applicant signed two separate Air Force Forms 
133 and EALs (6 January 2007 and 9 March 2007). The EALs she 
signed both stated the completion date of the FAP was 30 June 
2009. Regardless of which Air Force Form 133 is used, her ADSC 
was for three years and six months, or 29 December 2012. 

 

The complete DPSIP evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

She agreed to serve three years and six months and holds to that 
commitment. She is asking that she be paid for the time when she 
believed she was in the Air Force Reserve since she took her oath 
and pledged to serve as a pediatrician starting on 6 January 2007. 
She would also agree to have her ADSC date changed back to 29 June 
2012, if it is not agreed that she be paid for the two months that 
she believed she was already serving her country. She hopes to 
make the process less painful for other civilian physicians being 
brought into the military to serve active duty members and their 
families. She does not want other medical residents to go through 
what she went through during her intern year trying to join the 
Air Force. Medical residents should be able to focus on learning 
how to take care of patients, not trying to correct mistakes made 
in the process of being commissioned. 

 

The applicant’s complete rebuttal is at Exhibit E. 

 

_________________________________________________________________ 

 

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. While we note 
the applicant’s contention that she should be paid for the time 
she believed she was in the Air Force Reserve since she took her 
oath and pledged to serve as a pediatrician starting on 6 January 
2007 or that her ADSC date be changed back to 29 June 2012, it 
does not negate the fact that the contract was not valid since it 
was accomplished prior to approval of her appointment. 
Therefore, 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. Therefore, in the 
absence of evidence to the contrary and that the applicant was 
treated any differently than others similarly situated, we find 
no 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-
2010-02886 in Executive Session on 5 May 2011, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence for AFBCMR Docket Number BC-
2010-02886 was considered: 

 

 Exhibit A. DD Form 149, dated 2 Aug 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIP, dated 17 Oct 10. 

 Exhibit D. Letter, SAF/MRBR, dated 17 Dec 10. 

 Exhibit E. Letter, Applicant, dated 23 Dec 10. 

 

 

 

 

 

 Panel Chair