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AF | BCMR | CY1998 | 9800642
Original file (9800642.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

JUL  1 0  @?$@ 

IN THE MATTER OF: 

DOCKET NUMBER:  98-00642 

COUNSEL:  NONE 

HEARING DESIRED: 

APPLICANT REQUESTS THAT: 

His  Undergraduate  Pilot  Training  (UPT)  Active  Duty  Service 
Commitment  (ADSC) be  amended  from  15 November  1998 to  15 November 
1997. 

APPLICANT CONTENDS THAT: 

His eight-year ADSC doesn’t match the seven-year ADSC given to some 
other graduates of the same UPT course. 

Applicant’s  complete  statement  and  documentary  evidence  submitted 
in support of his application are included as Exhibit A. 

STATEMENT OF FACTS: 

On  20  January  1989,  applicant  signed  an  ADSC  Statement  of 
Understanding  stating  he  had  read  AFR  36-51  and  understood  and 
agreed to all ADSCs associated with his selection to UPT. 

AIR FORCE EVALUATION: 

HQ  AFPC/DPPRS  recommends  that  the  application  be  denied.  It  is 
indicated that at the acceptance of UPT, applicant was aware of his 
eight-year  ADSC  and  fully prepared  to  incur the  commitment.  The 
basis of his  argument is that other officers in his  class did  not 
Between  15  June  1987  and 
incur  an  ADSC  as  long  as  his  ADSC. 
15 June  1988, the Air  Force increased the ADSC  for UPT  from seven 
to eight years.  Officers already committed to attend UPT via cadet 
contracts  were  grandfathered  and  given  the  lesser  ADSC  of  seven 
years.  These  grandfathered officers were  USAF Academy  cadets  and 
AFROTC  cadets accepted  as pilot  candidates.  It is not unexpected 
that some of these cadets were in training with applicant. 

The  officers  who  incurred  a  seven-year ADSC  had  previously  been 
contracted  by  the  Air  Force  to  attend  UPT.  The  Air  Force  was 
fulfilling  its  commitment  to  their  contracts  by  maintaining  the 

. 

seven-year ADSC.  Applicant was not contracted to attend UPT until 
well after the 15 June 1988 change to the eight-year ADSC  (Exhibit 
C with Attachments 1 and 2). 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

A copy of the Air  Force advisory opinion was made available to the 
,applicant for review and comment on 18 May  1998; however, to date, 
'he has failed to respond. 

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 probable error or injustice-.  We  took 
notice of the applicant's complete submission in judging the merits 
of the case; however, we agree with the opinion and recommendation 
of  the Air  Force office o'f primary  responsibility and adopt their 
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, we find no compelling 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 probable 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 this application  in 
Executive  Session  on  26  June  1998,  under  the  provisions  of  AFI 
36-2603: 

Mr. LeRoy T. Baseman, Panel Chair 
Mr. Benedict A. Kausal IV, Member 
Mr. David W. Mulgrew, Member 

2 

AFBCMR  98- 00642 

. 

L 

8 

The following documentary evidence was considered: 

Exhibit A.  DD Form  149, dated 12 Feb  98,  w/atch. 
Exhibit  B.  Applicant's  Master Personnel Records. 
Exhibit  C.  Letter,  AFPC/DPPRS,  dated 1 2   May  98,  w/atchs. 
Exhibit  D.  Letter,  SAF/MIBR, dated 18 May  98. 

LEROY T. BASEMAN 
Panel Chair 

3 

AFBCMR  98- 00642 

r 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS AIR FROCE PERSONNEL CENTER 

RANDOLPH AIR FORCE BASE TEXAS 

MEMORANDUM FOR  AFBCMR 

FROM:  HQ AFPCDPPRS 

550 C ST West, Suite 11 
Randolph AFB TX 78 150-47 13 

SUBJECT:  A 

rrection of Military Records 

Requested Action: 
(ADSC) for advance flying 

uests an active duty service commitment 
to 15 Nov 97 vice 15 Nov 98. 

Basis for Request: -requests 

the change in'the ADSC due to other 

members of the samexlass receiving only a seven year ADSC for the same training.  Because of 
the ADSC he is not eligible for the Aviation Continuation Pay (ACP).  If the ADSC were 
curtailed he would be eligible for ACP. 

FACTS: 

a.  The ADSC program assures a reasonable return to the Air Force for the costs 
incurred in training.  ADSCs are routinely incurred for such commonplace events as permanent 
change of station (PCS), training, education, and promotion.  This was clearly stated in AFR 
36-51 Active Duty Service Commitment Table 4 Rule 6, dated 28 Feb 92 (Atch 1). This 
reference also clearly delineates the ADSC to be incurred for each type of event.  If any Air 
Force member is unsure of the ADSC he/she will incur, the AFR provided a ready resource of 
clear, unambiguous, and authoritative information. 

b. On 20 Jan 8 
stating h i  had read AFR 36-5 
selection to Undergraduate Pilot Training (UPT)(Atch 2). 

ned an ADSC Statement of Understanding 
agreed to all ADSCs associated with his 

DISCUSSION: 

a.  At the acceptance of UPT 

as aware of his 8 year ADSC and 

is that other officers in his 
fully prepared to incur the commitment. 
class did not incur an ADSC as long as his ADSC.  Between 15 Jun 87 and 15 Jun 88 the Air 
Force increased the ADSC for UPT from 7 to 8 years.  Officers already committed to attend UPT 
via cadet contracts were grandfathered and given the lesser ADSC of 7 years.  These 
grandfathered officers were United States Air Force Academy cadets and AF ROTC cadets 

2 
dates.  It is not unexpected that some of these cadets were in training with 

b.  The officers who incurred a 7 year ADSC had previously been contracted by the Air 

ur commitment to their contracts by 
s not contracted to attend UPT until well after 

Force to attend UPT.  The Air 
maintaining the 7 year ADSC. 
the 15 Jun 88 change to the 8 y 

RECOMMENDATION:  Denial 

a.  The documentation clearly show 

as aware of the 8 year 

ADSC he was going to incur upon acceptance of 
different ADSC for the same training does not mitigate his acceptance of that ADSC.  All 

r students incurred a 

re expected to fulfill their contract with the USAF. 
se that commitment included an 8 year ADSC. 

ecision is to grant the relief sought, the record should be 
corrected to sho 
ith an ADSC of 15 Nov 9 
HQ AFPCIDPPRS can correct the personnel data system (PD 
is approved. 

- 

c.  If you have any questions concerning the ADSC, POC is TSgt Pullen, HQ 

AFPCIDPPRP, DSN 487-5622 

RE  F. SCHWARTZ, Cap  USAF 

ADSC BCMR Advisor 

Attachments: 
1.  AFR 36-2107 Table 1.4, Rule 6 (6 Jul94) 
2.  ADSC Statement of Understanding (20 Jan 89) 

4 

I 

f 

. 

AFI 36-2107  6 July 1994 

3.  Students admitted to USUHS after 31 December 1991 incur a Reserve Service obligation upon completion of, or releasc 
from,  the activeduty service obligation.  A  member who served on active-duty for less than 10 years serves in  the  Read) 
Reserve for a period as specified by DoD Directives. 
4.  A participant incurs an active duty obligation (ADO) of 8 years for any period of program participation.  However, the 
individual semes in the Indefinite Ready Reserve (IRR)  any portion of the ADO that exceeds a minimum of  2 years or  the 
actual number of  years of program participation (112 year for each  112 year sponsorship). EXCEPTION: If the Secretary of 
the  Air Force  and  the individual participant may mutually agree that  the said portion, or a part  thereof, will  be  served on 
active duty.  The individual then serves this portionrsf the 8-year ADO at the completion of any additional ADO incurred for 
graduate professional education.;  Also subject to mutual agreement, a participant may  fulfill the IRR service period  in the 
Selected Reserve. 

f '  
! 

.- 

A 

Table 1.4.  Undergra 
R 1  
U 
L 
E 
1 U N T ;  

IftheUFTis 

I 2  I UNT (see notes 
I 2 a n d 3 )  
UPT Or  UPT-H 
(see note 2 and 
4 )  

B 

I  and officer enters 
trainjng 
on ocafter 1 Jan 1970, 
but before 1 Oct 1990  I 

C 
then the 
ADSC is 
(see note 1) 
5 years 

D 

ADSCD- 
RSN-FOR 
code is 
04 
I 

E 

and Is effective 
on the date of 
I  awardof 

F 

and 
supporting 
document is 
the aero- 
I nautical 

5 years 7 

on or after 1 Jan 1970, 
but before 15 Jun 1979 

6 years 

on or after 15 Jun 
1979, but before 15 
Jun 1987 
on or after 15 Jun 
1987, but before 15 
Jun 1988 
on or after 15 Jun 1988  1  8 years 

7 years 

1 

NOTES: 
1.  The DOS automatically adjusts to qual the ADSCD upon update of  the aeronautical rating.  Take action according to 
table 1.8,  rules 1 1 , 12, and 13 for individuats who withdraw or are eliminated from UT. 
2.  If an incorrect UNT or UPT ADSC should be updated in the personnel data system (PDS), submit a request 'for correction 
using PTICOR (see AFMAN 36-2622) 
3.  EXCEPTIONS: 
3.1.  Individuals graduating from military service academies and AFROTC programs on 3 1 December 199 1 or earlier incur a 
5-year @SC. 
3.2.  Individuals graduating from military service academies and AFXOTC programs on 1 January 1992 or later incur a 6-year 
ADSC. 
3.3.  All OTS graduates who begin UNT on or after 1 October 1990 incur'a 6-year ADSC. 
3.4.  UPT eliminees and nonrated officers (regardless of source or date of commission) who begin UNTan or after 1 October 
1990 incur a 6-year ADSC. 
4.  Air Force UPT-H  graduates of Army helicopter training who later attend fmed-wing conversion training incur a 5-year 
ADSC for the fixed-wing training. 

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