BOARD DATE:	  17 April 2014

		DOCKET NUMBER:  AR20130021467 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his active duty service obligation (ADSO).

2.  The applicant states:

	a.  His current ADSO is incorrect.

	b.  He initially accepted a 3-year Reserve Officers' Training Corps (ROTC) contract in 2002.  He was commissioned via ROTC in 2005 and he was granted an educational delay from entry on active duty to attend medical school under the Heath Professions Scholarship Program (HPSP).

	c.  In June 2009, he was promoted to captain and entered active duty at Tripler Army Medical Center in graduate medical education (GME) for psychiatry.  When he accepted this contract, his ADSO was established as being 8 years from completion of residency.  This number of years is incorrect because his GME contract states that his other active duty time (non-GME from ROTC) can be served concurrently, making his current ADSO ending on 30 June 2017, not 30 June 2021.

	d.  The error was made by the Tripler GME office for incorrectly stating his ADSO on the contract and by himself for signing a contract with an incorrect starting date.  At the time he did not realize he would be serving his ROTC obligation concurrently while in residency on active duty.

	e.  He requests correction of the GME contract to show a 4-year obligation is owed once residency is completed and that his ADSO ends on 30 June 2017.

3.  The applicant provides:

* ROTC contract
* HPSP contract
* GME contract

CONSIDERATION OF EVIDENCE:

1.  On 26 August 2002, the applicant enlisted in the U.S. Army Reserve (USAR) Control Group (ROTC).  His DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), dated 26 August 2002, shows he signed a 3-year contract and incurred a 4-year ADSO.

2.  He was discharged from the USAR on 5 May 2005 to accept a commission.  He was appointed as a second lieutenant in the USAR on 6 May 2005.

3.  His U.S. Army Recruiting Command Form 1131, (Department of the Army Service Agreement – F. Edward Hebert Armed Forces HPSP), dated 27 May 2005, shows:

	a.  He understood his HPSP obligation would be added to his remaining previously-incurred service obligation, currently calculated to be 4 years.

	b.  He understood he would serve 4 years on extended active duty in return for a 4-academic year scholarship in the HPSP.

	c.  He understood that his total obligation would be 8 years of extended active duty, including the HPSP and prior obligation.

4.  He was appointed as a captain in the USAR on 30 May 2009.

5.  On 4 June 2009, he was appointed as a captain the Regular Army Medical Corps.  He was ordered to active duty effective 7 June 2009.

6.  On 23 September 2009, he entered into a training agreement for GME and incurred a 3-year ADSO.  Paragraph 14 of his agreement states, "…By my acceptance of this training, I agree that if I successfully complete this training by 6/30/2013 [30 June 2013], my revised ADO [active duty obligation] expiration date will be 20210630 [30 June 2021]."  Paragraph 15 of his agreement shows he accepted the selected training and understood the requirements.

7.  An advisory opinion was obtained from the Program Manager, GME Division, Department of the Army Office of the Surgeon General, dated 30 January 2014, during the processing of this case who states, in summary:

	a.  Their records show the applicant's ADSO ending date to be 30 June 2021, which corresponds to the date on his GME contract.

	b.  He has an ROTC obligation of 4 years, an HPSP obligation of 4 years, and a GME obligation of 3 years.

	c.  ROTC obligations are additive (consecutive) to HPSP obligations and concurrent with training obligation for training in a military institution (i.e., GME).

	d.  While the GME obligation and the ROTC/HPSP scholarship obligations may be served concurrently, the discharge of these obligations did not start until he completed his residency training in June 2013.

	e.  Based on this information, the ADSO ending date of 30 June 2021 is correct.

8.  The advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  On 24 February 2014, he responded and stated:

	a.  According to his GME contract, the period of his first ADSO is unclear.  While he agrees with the obligations specified in the advisory opinion, he disagrees with the discharge of these obligations according to the contract he signed.  His GME contract states discharge of his ADSO is tolled while he was participating in GME training.  If this is correct, then "pay back" would be in the order these obligations accrued.  This contract states that no ADSO is satisfied during the GME participation, which makes sense given certain scenarios.  For instance, if a physician were going through a residency that was 6 years in length (like general surgery) and left the program in year 4 without completion, this would not satisfy a prior 4-year ADSO.  This section therefore does imply that successful completion of residency would satisfy the previous non-GME ADSO by default, which in this case is an ROTC agreement of 4 years, given that this obligation was tolled while in GME training.

	b.  His completion of a 4-year active duty residency would therefore satisfy this obligation, which would leave an HPSP obligation of 4 years and a GME obligation of 3 years, which can both be paid back concurrently, leaving an ADSO of 4 years (as this is the longer of the two).  This should make the revised date 30 June 2017 instead of the date shown on the contract of 30 June 2021.

	c.  If what is stated above is not the case, then the terms of the contract are not clear regarding non-GME acquired ADSO's and should be better stated in future GME contracts to prevent these misinterpretations.

9.  Paragraph 6.6.2 of Department of Defense Instruction (DODI) 6000.13 (Medical Manpower and Personnel) states no portion of an ADO may be satisfied, as follows:

* by prior military service
* during any period of long-term health or health-related education or training
* concurrently with any other ADO or with an obligation incurred for DOD-subsidized pre-professional (undergraduate) education or training, or prior long-term health or health-related education or training, unless otherwise specified in this instruction

10.  Paragraph 6.6.3.1 of DODI 6000.13 states, in a military facility, a member shall incur an ADO of 1/2 year for each half year or portion thereof, but the minimum ADO shall be not less than 2 years.  That ADO may be served concurrently with other ADO's or with obligations incurred for DOD-sponsored pre-professional (undergraduate) education or training or prior long-term or health-related education or training.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to adjust his ADSO from 30 June 2021 to 30 June 2017 has been carefully considered.

2.  He contends his GME agreement states that his other active duty time (non-GME from ROTC) can be served concurrently, which would make his current ADSO 30 June 2017.  However, the advisory official points out:

	a.  ROTC obligations are consecutive to HPSP obligations and concurrent with training obligations for training in a military institution (i.e., GME).

	b.  While the GME obligation and the ROTC/HPSP scholarship obligations may be served concurrently, the discharge of these obligations did not start until he completed his residency training in June 2013.

3.  The evidence shows he incurred a 4-year ADSO for ROTC, 4-year ADSO for HPSP, and 3-year ADSO for GME.

4.  The evidence also shows he signed a GME agreement in which he confirmed his ADSO expiration date would be 30 June 2021 if he successfully completed his training by 30 June 2013, which it appears he did.

5.  Based on the foregoing, there is insufficient evidence on which to grant the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ____X____  ___X__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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



      ___________X______________
                  CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20130021467



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ABCMR Record of Proceedings (cont)                                         AR20130021467



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