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AF | BCMR | CY1999 | 9802820
Original file (9802820.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-02820
            INDEX CODE: 113.04

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His original signed Weapons School commitment of two  years  stand  as
is.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not counseled properly  nor  did  he  sign  any  commitment  in
accordance with AFI 36-2107 prior to his attending the Weapons School;
and that on 26 December 1996, he signed a  commitment  for  two  years
based on Table 1.14, Rule 2 (See Applicant’s Attachment 3).

Applicant’s complete statement and documentary evidence  submitted  in
support of his application are included as Exhibit A with  Attachments
1 through 5.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant graduated from Fighter Weapons Instructor Course  (FWIC)  on
15 June 1996.  As a  result,  he  incurred  a  five-year  Active  Duty
Service Commitment (ADSC) of 14 June 2001.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRR  recommends  that  the  application  be   denied.    It
indicates, in part, that the AF Form 63 applicant signed was erroneous
– even the applicant himself  admits  that.   The  Military  Personnel
Flight (MPF) technician cited the wrong table and rule  from  AFI  36-
2107; Table 1.14, Rule 2.  As the title clearly states,  Airman  ADSCs
for Training or Education, this table does
not even apply to officers (Atch 2).  The correct table and rule which
applies to the Fighter Weapons School (FWS) is Table 1.5, Rule 4 (Atch
3).

Applicant was scheduled to attend the FWIC via the Air Force  Training
Management System  (AFTMS).   This  generated  a  training  allocation
notification Report on Individual Person (RIP) (sample at Atch 4).  In
its interaction with  the  Personnel  Data  System  (PDS),  Air  Force
Training Management System (AFTMS) relies on  a  table  of  ADSCs  for
given courses; in the generation of a training allocation  RIP,  AFTMS
refers to this table to automatically retrieve the proper ADSC for the
specific course  being  allocated.   They  have  confirmed  the  table
contained an incorrect ADSC (two years) for Fighter Weapons Instructor
Course (FWIC) at the time of the applicant’s selection.  However, both
AFPC  functional   managers   for   the   F-15   specifically   recall
conversations with numerous F-15 crew  members,  which  at  some  time
would have included the applicant, in regards to this AFTMS error  and
further discussions confirming the correct ADSC for FWIC as five years
(e-mail, Atch 5).

Cleverly,  nowhere  in   his   application   does   applicant   either
categorically deny any knowledge of a five-year ADSC nor does he state
he would not have accepted the training had he known of the  five-year
ADSC.  They believe the applicant, like many other new weapons  system
officers, was aware the two-year ADSC in AFTMS was incorrect  but  was
prepared to take advantage of this administrative error until the  Air
Force “fixed the loophole.” (Exhibit C with Attachments 1 through 5)

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel states, in part, that applicant’s October 12, 1996, RIP  shows
that he was ultimately counseled expressly because his ADSC  for  FWIC
was “not properly documented.”  Applicant reported for counseling  and
signed the AF Form 63 that was  dutifully  presented  to  him  by  the
personnel professionals.  That form reflected  a  two-year  ADSC.   By
signing that form, applicant acknowledged and agreed to  the  two-year
ADSC reflected thereon.  The existence of this form should be the  end
of the story.  It is not because DPPRR goes to drastic lengths to show
why applicant should have a five-year commitment.   As  the  following
will show, none of  the  reasons  cited  by  DPPRR  will  justify  the
imposition of a five-year ADSC that conflicts  with  the  two-year  AF
Form 63 in applicant’s records and that he was unaware of  until  long
after the fact.

Applicant’s complete statement and additional  evidence  submitted  in
support of the case are included as Exhibit G.

_________________________________________________________________

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 a probable error or  an  injustice  warranting  favorable
action on his request.  In this respect, we note  that  the  applicant
contends that he was not  counseled  properly  nor  did  he  sign  any
commitment in accordance with AFI 36-2107 prior to his  attending  the
Weapons School; and that on 26 December 1996, he signed  a  commitment
for two years based  on  Table  1.14,  Rule  2.   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.  In  view  of  this,  and  in  the
absence of a basis to question the authenticity of  the  AF  Form  63,
equity dictates that his request be approved.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that the five-year  Active
Duty Service  Commitment  (ADSC)  he  incurred  as  a  result  of  his
completion of Fighter Weapons  Instructor  Course  (FWIC)  on  15 June
1996, be declared void.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 13 April 1999, under the provisions  of  AFI  36-
2603:

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

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

     Exhibit A.  DD Form 149, dated 1 Oct 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRR, dated 14 Dec 98 w/atchs.
     Exhibit D.  Letter, AFBCMR, dated 18 Jan 99.
     Exhibit E.  Applicant’s Letter, dated 20 Jan 99.
     Exhibit F.  Letter, AFBCMR, dated 1 Feb 99.
     Exhibit G.  Counsel’s Response, dated 24 Mar 99, w/atchs.





                                   HENRY ROMO, JR.
                                   Acting Panel Chair




AFBCMR 98-02820




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 that the five-
year Active Duty Service Commitment (ADSC) he incurred as a result of
his completion of Fighter Weapons Instructor Course (FWIC) on 15 June
1996, be declared void.





    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency

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