RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-01119 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Active Duty Service Commitment (ADSC) be removed. _________________________________________________________________ APPLICANT CONTENDS THAT: He inquired about an ADSC and was informed no ADSC commitment would be incurred. This was confirmed on two occasions in March 2008. In April 2008, he accepted a permanent change of station (PCS) to Hurlburt Field, Florida. He checked and it was confirmed no ADSC would be incurred with the assignment. On 5 May 2008, notification was received of a PCS to the 319th SOS with a return no later than date (RNLTD) of 30 May 2008. On 7 May 2008, the RNLTD was moved to 30 September 2008. On 7 May 2008, he signed the Notification of Selection for Reassignment. In section II of the form it states – “If you accept this assignment you will not incur an ADSC for PCS or training.” His PCS orders AB-065125 reflect no ADSC/Training. On 4 September 2008, he out-processed and was ensured no ADSC had occurred. On 8 September 2008, he in-processed with the 319th SOS and within two months CSO flight training would start. On 9 September 2008, he began ground training courses. In September, he was notified that the flight training course was moved to 14 October 2008. On 30 October 2008, he was notified he needed to sign a three year ADSC. He contacted AFPC to find out what options were available to him. He was informed he had two options - to finish the course and upon completion incur a three year ADSC or decline the ADSC and retire. On 5 November 2008, he signed the declination statement and was removed from the CSO training program. On 20 November 2008, he applied for retirement. On 11 December 2008, he was informed that he would incur a two year ADSC because the flight training course was started and not completed. In support of his request, the applicant provided a personal statement and documents extracted from his military personnel records. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on active duty in the grade of major having assumed that grade effective and with a date of rank of 1 October 1997. The remaining relevant facts pertaining to this application, extracted from the applicant’s military personnel records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOT recommends denial. DPSOT states the applicant attended and graduated advanced flying training "U28ACSO-IO" on or about the dates 14 October 2008 through 22 December 2008. The applicant did not sign an AF Form 63, ADSC Acknowledgement Statement, prior to departure for training. The applicant's PCA orders reflect no ADSC listed for training. The lack of ADSC documentation was due to the training course quota being updated into the applicant's records on 22 September 2008 (shortly before actual departure from training). PCA orders were accomplished on 10 June 2008, prior to assignment functional loading training course into the applicant's records. An AF Form 63 was created and sent to the applicant's losing base on or about 25 September 2008. The DPSOT complete evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant’s counsel responded by stating that the applicant could have only incurred the ADSC requirement if he had continued training; however, after being notified of the ADSC he withdrew from the training. The applicant was not properly notified of the ADSC prior to commencing the training and correction of his record is appropriate. The applicant's complete response 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 an error or injustice. We believe the applicant’s request for a correction of his record to remove his ADSC is supported by the evidence of record. We note that the office of primary responsibility admits to an administrative error in obtaining a signature from the applicant prior to his departure for training. After reviewing the circumstances that led to the applicant incurring a 2-year ADSC, and his efforts to be informed of an ADSC prior to accepting the assignment, we believe to impose the ADSC in his case would be against equity and not in good conscience. Therefore, in order to offset the possibility of an injustice, we recommend the applicant’s records 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 the two year Active Duty Service Commitment (ADSC) he incurred for attendance of flying training course “U28A-CSO-IO be, and hereby is, declared void. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2009-01119 in Executive Session on 8 October 2009, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2009-01119 was considered: Exhibit A. DD Form 149, dated 27 March 2009, w/atchs. Exhibit B. Letter, AFPC/DPSOT, not dated, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 1 May 2009. Exhibit D. Letter, Applicant, dated 22 May 2009. Panel Chair AFBCMR BC-2009-01119 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that the two year Active Duty Service Commitment (ADSC) he incurred for attendance of flying training course “U28A-CSO-IO be, and hereby is, declared void. Director Air Force Review Boards Agency