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AF | BCMR | CY2011 | BC-2011-03794
Original file (BC-2011-03794.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03794 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His Active Duty Service Commitment (ADSC) be changed from 19 Aug 
13 to 19 Feb 13. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His orders reflect the 30-month commitment. He signed the 
commitment papers when he joined knowing it was for 30 months. 

 

In support of his request, the applicant provides a copy of his 
Financial Assistance Program (FAP) contract, and a copy of his AF 
IMT 766, Extended Active Duty Order. 

 

His complete submission, with attachments, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s FAP contract reflects that he would complete his 
specialized training program and begin participation on 30 Jun 
10. He committed to return 2 years and 6 months on extended 
active duty and 5 years and 6 months in the Inactive Ready 
Reserve (IRR) for receiving 1 year, 5 months, and 9 days of 
sponsorship in the Air Force FAP. 

 

The applicant’s AF IMT 766 dated 25 Mar 10, block 10, reflects he 
was ordered to active duty, voluntary, for a period of 30 months. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of the 
Air Force, which is at Exhibit B. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPAME recommends denial. The applicant’s ADSC for the FAP 
sponsorship is 2 years and 6 months, which gives him a date of 
separation of 19 Feb 13. However, DPAME points-out that IAW the 


governing instructions the minimum term of service (MTOS) is 
3 years. The applicant’s ADSC of 2 years and 6 months is 
correct; nevertheless, his MTOS is 3 years with an established 
ADSC of 19 Aug 13. 

 

The complete DPAME evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant responds by stating that his FAP contract clearly 
states: 

 

a. Item 22 his term of service of 2 years and 6 months of 
active duty. 

 

b. Item 24 describes the FAP contract as a contract between 
him and the USAF and there are no other oral or other 
understandings that could affect this contract other than what is 
listed within the FAP contact. 

 

c. Item 12, paragraph a, states, the minimum active duty 
obligation (ADO) is 2 years or the time of participation in FAP 
plus one year whichever is greater. There is no mention of the 
governing instruction or MTOS of 3 years anywhere in the 
contract. 

 

He does not believe the FAP contract is designed to deceive 
applicants; however, his ADSC has been changed unjustly. 

 

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. Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. In this regard, 
we note the applicant provided a profusion of evidence, to 
include his signed FAP contract, which clearly states that he 
shall serve 2 years and 6 months on extended active duty. 
Although we note the Air Force office primary responsibility 
advises that the minimum MTOS of 3 years is in accordance with 
governing instructions, we believe that since the applicant’s 
contract reflects 2 years, and 6 months to serve on active duty, 


he should not be held liable for any additional service that is 
not reflected in the contract. Therefore, we recommend the 
records be corrected as indicated below. The Board suggests the 
Air Force should closely review future FAP contracts to reflect 
clear and specific MTOS to eliminate future errors. 

 

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 involved. 
Therefore, the request for a hearing is not favorably considered. 

 

_________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT be corrected to show that his Active Duty 
Service Commitment (ADSC) was established as 19 February 2013 
rather than 19 August 2013. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-03794 in Executive Session on 6 Mar 12, 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: 

 

 Exhibit A. DD Form 149, dated 15 Sep 11, w/atchs. 

 Exhibit B. Letter, AFPC/DPAME, dated 14 Nov 11. 

 Exhibit C. Letter, SAF/MRBR, dated 2 Dec 11. 

 Exhibit D. Letter, Applicant, dated 28 Dec 11. 

 

 

 

 

 

 Panel Chair 



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