RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                 07 MARCH 2006
      DOCKET NUMBER:         AR20050013742


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Thomas Reichler               |     |Member               |
|     |Mr. Scott Faught                  |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his Active Duty Service Obligation (ADSO)
date be changed from 30 June 2007 to 30 June 2006.

2.  The applicant states, in effect, that he is being required to serve an
additional year of ADSO to pay back the year he spent conducting research;
however, other officers in the same situation were not required to pay back
their year spent conducting research either in the form of an ADSO or
monetarily.

3.  The applicant provides statements from three other officers affirming
that they were not required to pay back the Army for the year they spent
conducting research, and 17 additional enclosures listed on an exhibit
sheet, which are primarily documents contained in his records.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the Board direct that the applicant’s ADSO be
changed from 30 June 2007 to 30 June 2006.

2.  Counsel states, in effect, that the Army has arbitrarily required that
the applicant pay back a year of his residency spent conducting research
when they (the Army) have not required similarly situated officers to pay
back any years for time spent conducting research during their residency
when those officers were serving.  Accordingly, the Board should deem that
the Army is acting arbitrarily in calculating his ADSO and in the interest
of justice his ADSO should be calculated to end on 30 June 2006, instead of
30 June 2007.  He also states that while the applicant acknowledged that
his ADSO was extended to 30 June 2007, that arguably constitutes a mutual
mistake, in that both parties made the mistake.  While the Army does
occasionally impose such obligations but at other times chooses not to, is
arbitrary and constitutes an injustice to the applicant.  He further states
that the applicant’s purpose is to be able to sign a multi-year specialty
bonus agreement a year earlier that would retain him in the service and at
the same time allow him to earn more money for his family.

3.  Counsel provides no additional documents other than those provided by
the applicant.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a United States Army Reserve (USAR)
second lieutenant on 1 June 1989 at the time he signed a service agreement
to enter the Health Professions Scholarship Program (HPSP).  He also
acknowledged that he understood that the active duty obligation for those
selected for graduate medical education would be based on the existing
Department of Defense and Army Directives in effect when signing the
graduate professional education contract accepting such training.

2.  On 18 June 1992, he was commissioned as a USAR medical corps captain
with a concurrent call to active duty.  He was assigned to Walter Reed Army
Medical Center (WRAMC) to undergo his General Surgery Residency.

3.  On 6 January 1993, he signed a training agreement for Army Graduate
Professional Education (GPE) in a military facility.  He also acknowledged
that he understood that no portion of his ADSO could be satisfied by
participation in the program and that upon completion of the program, his
new ADSO would be 30 June 2003.

4.  He was promoted to the rank of major on 18 June 1998 and on 31 January
2000, he signed a training agreement for Graduate Medical Education (GME)
training in a military facility in Vascular Surgery at WRAMC from 1 July
2000 to 30 June 2002.  In his training agreement, he acknowledged that he
understood that time spent during the 1-year research period did not count
towards repayment of the ADSO incurred for GME and that he incurred a 2-
year service obligation for that training.  His ADSO was adjusted to 30
June 2007 and the applicant acknowledged acceptance of the new additional
training and new adjusted ADSO.

5.  On 18 June 2004, he was promoted to the rank of lieutenant colonel and
on 21 April 2005, the Office of The Surgeon General (OTSG) responded to the
applicant’s counsel regarding the applicant’s claim that his ADSO had been
unjustly extended for a period of 1 year when others in similar situations
had not. The OTSG informed the applicant’s counsel that the applicant’s
situation should not be compared to other medical officers because each
situation is unique based on the year and contract signed.  The OTSG also
opined that the applicant’s ADSO was correct and that he had acknowledged
his ADSO.  The OTSG provided an explanation of the applicant’s ADSO
explaining that after completing his fellowship on 30 June 2002, he had a 5-
year obligation, which took his ADSO to 30 June 2007.

6.  In the processing of this case a staff advisory opinion was obtained
from the Human Resources Command –Alexandria, which opines that in
accordance with Department of Defense Instruction (DODI) 6000.13, the
applicant’s ADSO was correct and there was no provisions to change the ADSO
without the Board’s directive to do so.  The opinion was provided to both
the applicant and his counsel and the only response received was an
additional statement/affidavit from another medical officer indicating that
he had not incurred such an obligation for the same training.

7.  DODI 6000.13 dated 30 June 1997, Medical Manpower and Personnel,
implements policy, assigns responsibility and prescribes procedures to
carry out medical manpower ad personnel programs.  It provides, in
pertinent part, that members of the HPSP incur an 8-year service
obligation, a portion of which shall be an ADSO.  Time spent in military
internship or residency training shall not be creditable in satisfying the
ADSO.  The ADSO portion for a HPSP participant shall consist of at least 2
years or one-half year for each one-half year of HPSP sponsorship,
whichever is greater.  No portion of an ADSO may be satisfied during any
period of long-term health or health-related education or training.

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

2.  The applicant’s contention that his ADSO has been unjustly extended for
a year longer than it should be has been noted and appears to be without
merit.  At the time the applicant entered into his training agreement for
GME on 31 January 2000, he acknowledged that he understood that the time
spent during the 1-year research period did not count toward repayment of
the ADSO incurred for GME.

3.  Accordingly, the ADSO clock stopped ticking during the research year
and no ADSO was satisfied during that period.  Although no additional
service obligation was added at that time, none was satisfied, which in
effect extended the time for him to complete his ADSO.

4.  At the time his ADSO clock stopped, he had 3 years left on his ADSO.
Once he completed his fellowship on 30 June 2002, he had an additional 2
years added to his ADSO, for a total of 5 years.  Accordingly, his ADSO was
calculated as 30 June 2007.

5.  A review of all of the applicant’s contract agreements indicates that
the applicant was properly advised of the ADSO requirements and the
provisions for satisfying the ADSO, which included explanations regarding
what periods would not count towards satisfying the ADSO.
6.  While the applicant has provided affidavits from other physicians who
indicate that they did not serve an additional year based on the 1-year of
research conducted during their residency, the Board does not have the
contracts or the same degree of information that is available in the
applicant’s case.  Accordingly, it would not be appropriate to assume that
all of those individuals were in identical circumstances or that they
signed the same contracts as the applicant.

7.  Although it is understandable why the applicant desires to have his
ADSO date adjusted, he has failed to show through the evidence submitted
with his application or the evidence of record, that his ADSO date is
incorrect or that the provisions for computing his ADSO were improperly
applied to him and not to others in the same situation and circumstances.

8.  While the Board understands that there may have been other physicians
that did not serve an additional year based on their conducting 1 year of
research during GME training, that in itself does not nullify the
provisions of the applicable regulations and instructions nor does it make
the agreement signed by the applicant incorrect.  It may imply that the
other physicians owed the Army an additional year of service and the error
simply was not caught.  Based on the available evidence in this case, it
does not appear that the provisions of the applicable regulations,
instructions and policies regarding ADSO are being arbitrarily applied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JA___  ___TR __  ___SF___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.

                                  _____James Anderholm_________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050013742                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060307                                |
|TYPE OF DISCHARGE       |N/A-AC Soldier on AD                    |
|DATE OF DISCHARGE       |N/A-AC Soldier on AD                    |
|DISCHARGE AUTHORITY     |N/A-AC Soldier on AD                    |
|DISCHARGE REASON        |N/A-AC Soldier on AD                    |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |1021/CHG ADSO                           |
|1.100.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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