Search Decisions

Decision Text

AF | BCMR | CY1999 | 9703735
Original file (9703735.doc) Auto-classification: Approved

                                 ADDENDUM TO
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  97-03735

            COUNSEL:  JOSEPH W. KASTL

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

The Active Duty Service Commitment (ADSC) associated with  Advanced
Flying Training of 25 April 2000 be deleted from his record.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was never informed that an additional ADSC would  be  associated
with this training until months after the training  was  completed;
that there is no supporting documentation that  an  ADSC  would  be
incurred; and that  he  would  not  have  received  the  additional
training to which he was assigned had he understood that  he  would
be incurring either a five-year or  three-year  adjustment  to  his
ADSC.
___________________________________________________________________

STATEMENT OF FACTS:

Applicant’s original  application  was  considered  and  denied  in
Executive Session on October  30,  1998,  because  of  insufficient
relevant evidence (See pages 5 and 6 of Exhibit AA).

On February 28, 1999, applicant submitted additional  documentation
and requested reconsideration of his  application.   His  statement
and documentary evidence submitted in support of  his  request  for
reconsideration is included as Exhibit BB.
___________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

In an e-mail of May 24, 1999,  AFPC/DPPRS  states,  in  part,  that
based upon the Secretary of the Air  Force’s  Rules  of  Engagement
(ROE), an  officer  must  meet  specified  criteria  to  show  they
unwillingly incurred an ADSC.  In the  original  case,  their  case
revolved around the fact that the applicant submitted a  letter  of
support from  a  SSgt  “M”,  an  MPF  technician,  who  stated  the
applicant was concerned about the length  of  the  ADSC  associated
with KC-135 requalification training.  The real issue was the  time
frame SSgt “M” was referring to when he spoke  of  the  applicant’s
concern for his ADSC.  This was unclear in both the application and
SSgt “M’s” letter.  They assumed SSgt “M” was referring to the time
frame  prior  to  the  applicant’s  ADSC  associated  with   KC-135
requalification training and their original advisory was valid.

However,  the  applicant  has  provided  new  evidence  to  further
substantiate his claim of no prior knowledge of the three-year ADSC
for KC-135 training.  A key issue under the ROE is can an applicant
prove he/she was miscounseled  through  1)  absence  of  supporting
documentation  and  2)  through  credible  statements   from   wing
leadership.  In support of his claim that  he  was  only  concerned
about his ADSC after  the  training  was  completed  and  the  ADSC
updated is substantiated by a letter from his commander.   In  this
letter, the commander substantiates a lack of counseling  procedure
at the 22d Mission Support Squadron.  They believe this  letter  to
be from a credible source, and thus, this clearly meets the  intent
of the ROE.  While the applicant provides other letters to  support
his claims not to remain on active duty past  his  UPT  commitment,
the key document  is  provided  by  his  commander.   This  letter,
coupled with the lack of supporting documentation (i.e., no AF Form
63), warrants a favorable reconsideration by  the  AFBCMR  (Exhibit
CC).

___________________________________________________________________

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 probable error or injustice warranting  favorable  action
on the applicant’s request.  Since his circumstances meet the criteria
of the ROE, equity dictates that the complained  of  ADSC  be  deleted
from his records.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that the three-year Active
Duty Service  Commitment  (ADSC)  he  incurred  as  a  result  of  his
completion of KC-135 Requalification Training on  26  April  1997,  be
declared void.

_________________________________________________________________






The following members of the  Board  considered  this  application  in
Executive Session on 27 May 1999, under the provisions of AFI 36-2603:

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

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit AA.  DD Form 149, dated 13 Nov 98, w/atchs.
     Exhibit BB.  Letter, Applicant, dated 28 Feb 99, w/atchs.
     Exhibit CC.  E-Mail, AFPC/DPPRS, dated 24 May 99




                                   BENEDICT A. KAUSAL, IV
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY1999 | BC-1997-03735

    Original file (BC-1997-03735.doc) Auto-classification: Approved

    His statement and documentary evidence submitted in support of his request for reconsideration is included as Exhibit BB. However, the applicant has provided new evidence to further substantiate his claim of no prior knowledge of the three-year ADSC for KC-135 training. This letter, coupled with the lack of supporting documentation (i.e., no AF Form 63), warrants a favorable reconsideration by the AFBCMR (Exhibit CC).

  • AF | BCMR | CY1999 | 9901920

    Original file (9901920.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 99-01920 INDEX NUMBER: 113.04 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His Active Duty Service Commitment (ADSC) for KC-135 Initial Qualification Training (IQT) of 21 August 2003 be reduced to match his Undergraduate Pilot Training (UPT) ADSC of 25 January 2003. ...

  • AF | BCMR | CY2000 | BC-1999-01920

    Original file (BC-1999-01920.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 99-01920 INDEX NUMBER: 113.04 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His Active Duty Service Commitment (ADSC) for KC-135 Initial Qualification Training (IQT) of 21 August 2003 be reduced to match his Undergraduate Pilot Training (UPT) ADSC of 25 January 2003. ...

  • AF | BCMR | CY1999 | BC-1999-01243

    Original file (BC-1999-01243.doc) Auto-classification: Approved

    ___________________________________________________________________ APPLICANT CONTENDS THAT: Prior to his accepting a crossflow assignment, he was informed by crossflow program administrators at HQ AMC/DPROA and formal training personnel that the ADSC for crossflow from the C-141 to the KC-10 was being changed to three years. Responding to the Air Force’s rationale, the applicant points out that two pilots at his base, one crossflowed before him and one after him, each requested a change to...

  • AF | BCMR | CY1999 | 9901243

    Original file (9901243.doc) Auto-classification: Approved

    ___________________________________________________________________ APPLICANT CONTENDS THAT: Prior to his accepting a crossflow assignment, he was informed by crossflow program administrators at HQ AMC/DPROA and formal training personnel that the ADSC for crossflow from the C-141 to the KC-10 was being changed to three years. Responding to the Air Force’s rationale, the applicant points out that two pilots at his base, one crossflowed before him and one after him, each requested a change to...

  • AF | BCMR | CY1999 | 9900117

    Original file (9900117.doc) Auto-classification: Denied

    HQ AFPC/DPAOM agrees the applicant may have missed the OSA assignment boards in his transitions between Norton, March, and Randolph; however, those boards were discontinued while the applicant was at Randolph. Based upon that fact, HQ AFPC/DPAOM believes the applicant could have applied for his MWS at any time prior to or during his tour at Randolph. Applicant contends that due to several base closures, he got lost in the transition from OSA to MWS and spent too much time in OSA is duly noted.

  • AF | BCMR | CY1998 | 9801125

    Original file (9801125.pdf) Auto-classification: Approved

    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 .

  • AF | BCMR | CY1999 | 9901416

    Original file (9901416.doc) Auto-classification: Denied

    Furthermore, he had to wait five months beyond his Date Expected Return from Overseas (DEROS) for an MWS training date involuntarily. Applicant further states that the time for training and waiting for training dates equates to 11 months of commitment beyond his pilot training ADSC. He also requests relief from the remaining 195 days of training time that he incurred outside of his initial eight-year UPT commitment.

  • AF | BCMR | CY1999 | 9802610

    Original file (9802610.doc) Auto-classification: Denied

    He incurred a two-year ADSC which expires on 23 January 1999. Another source available to applicant at the time was the HQ AFPC/DPPAW message, dated 25 January 1996, titled, “Voluntary Extended Active Duty (EAD)/Recall for Navigators and Electronic Warfare Officers (Atch 7). In that information sheet, it also clearly stated in paragraph 1.e., “Active Duty Service Commitment (ADSC): Each officer accepting EAD will receive an initial ADSC of two years.

  • AF | BCMR | CY1998 | 9702268

    Original file (9702268.pdf) Auto-classification: Denied

    However, although documentation of that counseling does not exist, applicant denies that it occurred, and a copy of the PCS notification RIP is no longer available to permit verification of applicant's signature accepting the assignment, they believe it's a reasonable presumption that competent counseling was provided and that applicant was in fact aware of the ADSC which would be incurred for training (Exhibit C with Attachments 1 through 6). The Air not exist, applicant denies that it...