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AF | BCMR | CY1998 | 9801620
Original file (9801620.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  98-01620 
COUNSEL:  NONE 

HEARING DESIRED:  NO 

.  DEC  7  1998 

APPLICANT REQUESTS THAT: 
His Active Duty Service Commitment  (ADSC) incurred as a result of 
completion of C-9 flying training be removed. 

APPLICANT CONTENDS THAT: 

He was not made aware of nor did he acknowledge acceptance of the 
three-year ADSC  for completion of Initial Qualification Training 
(IQT)  in  the  C-9. 
He  also  contends  that  had  he  received 
notification of an ADSC with the training, he would have declined 
the  training  or  coordinated  with  higher  headquarters  to  get  a 
waiver to the ADSC in advance of the training. 

Applicant's  complete statement and documentary evidence submitted 
in  support  of  his  application  are  included  as  Exhibit  A  with 
Attachment 1 and 2. 

STATEMENT OF FACTS: 

Applicant,  a  lieutenant  colonel,  completed  C-9  IQT  on  10  June 
1997, incurring a three-year ADSC of 9 June 2000. 

AIR FORCE EVALUATION: 
HQ AFPC/DPPRS  recommends  that  the  application be  denied.  They 
provide  the  reason  for  establishment  of ADSCs  for  training  and 
advise  that  Air  Force  policy  is  that  officers  receive  ADSCs 
voluntarily.  If they are unwilling to accept the ADSC, they are 
to elect separation from the Air Force in lieu of undergoing the 
training. 
Officers  are  normally  advised  of  these  ADSCs  in 
writing  on  AF  Form  63.  Occasionally,  this  procedure  is  not 
In 
followed  in  exact  accordance  with  delineated  procedures. 
as the 
those cases, 
vast  majority  have  been  incurred  with  the  officer's  full 
understanding and willing acceptance.  The onus is on the officer 
to  prove  that  he  unwittingly  incurred  an  ADSC  for  training  he 

the Air  Force still awards the proper ADSC, 

98-0 1620 

would  not  have  accepted  had  he been  aware of the ADSC prior  to 
entering  the training.  AFI  36-2107 clearly delineates the ADSC 
to be  incurred for each type of event.  If any Air  Force member 
was unsure of the ADSC  he or she will incur, the AFI provides a 
ready  resource  of  clear,  unambiguous  and  authoritative 
information. 

While  documentation  of  the  officer's  awareness  of  the  ADSC 
provides  ironclad  proof  the  counseling  was  accomplished  in  a 
timely manner  and  the officer voluntarily accepted  the ADSC,  it 
is not the documentation of counseling that establishes the ADSC, 
but  rather  the  completion  of  the  ADSC-incurring  event  that 
determines  and  incurs  the  ADSC. 
Indeed,  the  instruction 
recognizes that documentation  is not always accomplished and yet 
still directs the update of the ADSC.  Clearly, the intent of the 
Air Force is that officers make  informed decisions regarding the 
incurring  of  ADSCs  and  the  critical  issue  is  whether  adequate 
information is provided the officer before he or she enters into 
an  ADSC-incurring  event,  not  whether  the  officer  signed  any 
particular document to memorialize that awareness. 

Applicant received his C-9 IQT allocation through the AF Training 
Management  System  (AFTMS) . 
AFTMS,  when  generating  a  training 
quota,  refers to  a  computer  table which  contains the ADSCs  for 
every training course administered in AFTMS, and then produces a 
training  allocation  Report  on  Individual  Person  (RIP) which  is 
presented  to  the  member  for  signature. 
This  RIP  contains 
detailed  course  information  and  the  ADSC  to  be  incurred  as  a 
result of attending the training.  Applicant had to sign this RIP 
in  order  to  attend  the  course  and  therefore  was  additionally 
advised of the ADSC to be incurred.  Applicant admits to signing 
this training RIP.  His  signature constitutes acceptance of the 
ADSC  associated with  the  course.  Unfortunately, AFTMS  training 
allocation RIPS were, at that time, temporary documents filed in 
relocation folders which  were  then destroyed a  few months  after 
the member's  departure  and  are  no  longer available for them  to 
attach  to  this  advisory. 
They  have  confirmed,  however,  that 
AFTMS contained the correct, three year, ADSC for C-9 IQT at the 
time applicant was selected for attending the training. 
Applicant  does  not  claim  "no  knowledge" of  the  ADSC  for  IQT, 
rather, he cites "It seemed perfectly normal to receive non-major 
weapon  system flight training as a  senior supervisor without  an 
ADSC."  The association of an ADSC with initial qualification in 
an  aircraft  is  well  known  throughout  the  pilot  community. 
Furthermore, it is highly unlikely that he could have entered and 
then  completed  C-9  IQT  without  encountering  at  least  informal 
discussions about  the ADSC  among classmates or  instructors.  It 
is also unlikely that, even  if he had  initially been unaware of 
the length of the ADSC, he would have blithely proceeded with the 
training  after  encountering  such  allusions  and  failed  to  seek 
clarification of  his status regarding the ADSC.  It is extremely 
unlikely  that  a  pilot  of  his  seniority and  leadership position 
with  the Operations Group would  not  be  aware that  there was  at 

2 

98-0 1620 

least  some ADSC  as 
with Attachment 1. 

xiated  with  any  flying  training  (Exhibit C 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

A  copy  of  the  advisory  opinion  was  made  available  to  the 
applicant  for review  and  comment in accordance with  established 
policy  on  6 July  1998.  However,  to  date,  he  has  declined  to 
respond. 

THE BOARD CONCLUDES THAT: 

The applicant has exhausted all remedies provided by existing 

1. 
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 
t o o k   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 of 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 30 October 1998, under the provisions of A F I  
36-2603: 

Mr. Benedict A. Kausal, IV, Panel Chair 
Mr. Charles E. Bennett, Member 
Mr. Henry Romo, Jr., Member 

3 

*

I

 

98-01 620 

The following documentary evidence was considered: 

Exhibit A. 
DD Form 149, dated 29 May 98. 
Exhibit B. 
Applicant's Master Personnel Records. 
Exhibit C.  Letter, AFPC/DPPRS, dated 23 Jun 98. 
Exhibit D.  Letter, AFBCMR, dated 6 J u l   98. 

p&?&lLcE)i&&&----- 

BENEDICT A. KAUSAL, IV 
Panel Chair 

4 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS AIR FORCE 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:  Application for Correction of Military Records 

Requested Action-quests 

an active duty service commitment (ADSC) for 

Initial Qualification Training (IQT) be removed from his records. 

Basis for Reques- 

uests the change in the ADSC because he was not aware 

of the ADSC and did not acknowledge the ADSC. 

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 AFI 36-2107, ADSCs and Specified 
Period of Time contracts, 6 Jul94.  This reference also clearly delineates the ADSC to be incurred for 
each type of event.  If any Air Force member was unsure of the ADSC he or she will incur, the AFI 
provides a ready resource of clear, unambiguous, and authoritative information. 

b.  While documentation of the officer's awareness of the ADSC provides ironclad proof 
the counseling was accomplished in a timely manner and the officer voluntarily accepted the ADSC, it is 
not the documentation of counseling that establishes the ADSC, but rather the completion of the ADSC- 
incurring event (in this case, IQT), which determines and incurs the ADSC.  Indeed, the instruction 
recognizes that documentation is not always accomplished, and yet still directs the update of the ADSC 
(paras 3,4a, 7c,  loa).  Clearly, the intent of the Air Force is that officers make informed decisions 
regarding the incurring of ADSCs and the critical issue is whether the officer was aware of the ADSC 
before he or she enters into an ADSC-incurring event, not whether the officer signed any particular 
document to memorialize that awareness. 

9 Jun 00. 

C. 

DISCUSSION: 

ompleted C-9 IQT on 10 Jun 97, incurring a three year ADSC of 

a. 
Management Syst 
which contains the ADSCs for every training course administered in AFTMS, and then produces a 
training allocation Report on Individual Person (RIP) which is presented to the member for signature. 
This RIP (sample RIP at Atch 
result of attending the training 

ived his C-9 IQT training allocation through the AF Training 
S, when generating a training quota, refers to a computer table 

d course information and the ADSC to be incurred as a 
had to sign this RIP in order to attend the course, and 

i . .  

: 

,a 

therefore was additionaliy advised of the ADSC to be incurred. 
training RIP.  His signature constitutes acceptance of the ADSC 
Unfortunately,  AFTMS training allocation RIPS were, at that time, temporary documents filed in 
relocation folders which were then destroyed a few months after the member’s departure, and are 
therefore no longer available for us to attach to this advisory.  We have confirmed that AFTMS contained 
the correct, three year, ADSC for C-9 IQT at the time -as 
training. 

dmits to signing this 
course. 

selected for attended the 

- 

2 

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e

o

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not claim “no knowledge” of the ADSC for IQT, rather, he 

 

cites “It seemed perfectly normal to receive non-major weapon system flight training as a senior 
supervisor without an ADSC.”  The association of an ADSC with initial qualification in an aircraft is well 
known throughout the pilot community.  Furthermore, it is highly unlikely that he could have entered and 
then completed C-9 IQT without encountering at least informal discussions about the ADSC among 
classmates or instructors.  It is also unlikely that, even if he had initially been unaware of the length of the 
ADSC, he would have blithely proceeded with the training after encountering such allusions, and failed to 
seek clarification of his status regarding the ADSC.  It is extremely unlikely that a pilot of his seniority 
and leadership position within the Operations Group would not be aware that there was at least some 
ADSC associated with any flying training. 

RECOMMENDATION:  Denial 

a. 

igned the training notification RIP and thus acknowledged and 
accepted his ADSC for C-9 IQT.  We do not perceive that he has suffered any injustice or harm as a 
result of serving his legitimate commitment.  Moreover, given the Air Force’s critical need for 
experienced pilotc‘it  is of vital importance to the Air Force mission to retain his sehices. 

e the awareness of the association of ADSCs with fliing training is so 

b. 
commonplace that 
receive an ADSC.  The presumption 0 f r l l P I I I ) f o r e k n o w l e d g e   of the ADSC and his 
completion of the training rather than opting for separatipn from the Air Force constitute his tacit 
acceptance of the ADSC, and overcome the absence of formal documentation of his acceptance of the 
ADSC. 

olunteered for and accepted the training fully aware that he would 

c.  However, if the decision is to grant the relief sought, the record should be corrected to 

d not incur an ADSC of 9 Jun 00 for completion C-9 IQT, 
HQ AFPCDPPRS can correct the personnel data syst 
proved. 

y questions concerning the ADSC, POC is 

“w. 

Assistant Chief, Separations Branch 
Directorate, Personnel Program Management 

Attachment: 
Sample Training RIP 

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