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
s
e
o
-
w
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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1
HQ AFPC/DPPRS further states that although documentation of the C-141 counseling does not exist and applicant indicates he was never informed about the five-year ADSC, they believe it is a reasonable presumption that he was in fact aware of the ADSC which would be incurred. Applicant contends that he was verbally counseled that no ADSC would be incurred beyond 31 March 2000 for training in the C- 141; that no Air Force Form 63 or counseling to the contrary occurred; and that, after the...
HQ AFPC/DPPRS further states that although documentation of the C-141 counseling does not exist and applicant indicates he was never informed about the five-year ADSC, they believe it is a reasonable presumption that he was in fact aware of the ADSC which would be incurred. Applicant contends that he was verbally counseled that no ADSC would be incurred beyond 31 March 2000 for training in the C- 141; that no Air Force Form 63 or counseling to the contrary occurred; and that, after the...
APPLICANT S REVIEW OF AIR FORCE EVALUATION : Applicant states, in part, that the facts in his case are not in dispute. In recommending denial of the application, HQ AFPC/DPPRS notes, among other things, that the applicant asserts that the MPF at Travis AFB did not inform him that he would incur a five-year ADSC for the KC-10 IQT. This R I P clearly states the ADSC he incurred for KC-10 IQT as f i v e 3 AFBCMR 98-01 125 .
This generated a training allocation notification R I T , which clearly indicated a three-year RDSC would be incurred, and applicant was required to initial the following statements on the RIP, I I I accept training and will obtain the required retainability" and ''1 understand upon completion of this training I will incur the following active duty service commitments (ADSC) ' I . Although documentation of counseling does not exist and applicant denies that it occurred, they believe it's a...
APPLICANT CONTENDS THAT: He was not informed of the ADSC prior to entering training; that the ADSCs were not briefed to him at any time during the assignment process; and, that it was not until well after his completion of training when his unit commander pursued enforcement of ADSCs for all personnel attending training that he learned of the three-year Initial Qualification Training ( I Q T ) ADSC. During his in-briefing, as his new commander, he briefed the applicant that there was...
___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states, in part, that first, we can look at the events that occurred at Vance AFB, OK. HQ AFPC has stated that he must have signed a training RIP and possible a Form 63 in order to have received his assignment to Luke AFB. This was the first time he was given a Form 63 to sign and informed that he was receiving a five- year ADSC for previous training he had accomplished....
A five-year ADSC? and applicant is not. Training ADSCs ............................................................................................................................................... 1.8.
discovered the absence of an AF E'orrr 63 in his records upon receipt of that RIP; however, that ;s irzelevant to The issue that h e i n c u r e d the A D S C . However, we do not find his uncorroborated contentions, in and by themselves, sufficiently compelling to conclude that he unwittingly incurred an ADSC for training he would not have accepted had he been aware of the ADSC prior to entering the training. Exhibit B.
___________________________________________________________________ APPLICANT CONTENDS THAT: The Air Force Personnel Center (AFPC) added a training commitment that he was not counseled about and did not agree to; that it is unfair for this commitment to be added almost one year after the training was completed; that he was counseled that the commitment would only be two years since he was a prior T-38 instructor pilot (IP); and that he was not asked to sign for a three-year commitment on an...
In support of his contention, the applicant submits a copy of an AF Form 63, Officer Airman Active Duty Service Commitment (ADSC) Counseling Statement, purported counter signed by a Military Personnel Flight official on 16 December 1996 indicating that he incurred an ADSC of 14 June 1998 as a result of Advanced Flying Training. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air...