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AF | BCMR | CY1999 | 9803214
Original file (9803214.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-03214
            INDEX NUMBER:  113.04
            COUNSEL:  NONE

            HEARING DESIRED:

___________________________________________________________________

APPLICANT REQUESTS THAT:

His Active Duty Service Commitment (ADSC) be changed  from  10  May
2001 back to 17 May 1999.

___________________________________________________________________

APPLICANT CONTENDS THAT:


The ADSC was changed to 10 May 2001  on  3  November  1998  without
notifying him prior to the change; that his ADSC was established as
17 May 1999; that he based his retirement  on  this  date  (1  June
1999); and that HQ AFPC has not furnished paperwork showing he  was
committed to the date (10 May 2001) (e.g., AF Form 63).

Applicant’s complete statement and documentary  evidence  submitted
in support of his  application  are  included  as  Exhibit  A  with
Attachments 1 through 6.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant attended the Air Force  Institute  of  Technology  (AFIT)
from 21 August 1995 to 11 May 1997.  In  accordance  with  AFI  36-
2107, Table 1.6, Rule 3, dated 6 July 1994, he incurred a four-year
ADSC of 10 May 2001.  The applicant’s ADSC for AFIT was not updated
upon his graduation on 11 May 1997.  The applicant filed  paperwork
for retirement in  October  1998,  at  which  time,  HQ  AFPC/DPPRR
discovered the missing  ADSC  and  updated  it;  thus,  making  the
applicant ineligible for retirement unless he obtained an  approved
ADSC waiver.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS  recommends  that  the  application  be  denied.   It
concedes that there is no AF Form 63 (Statement of ADSC Counseling)
on file.  However, that office suggests that the form may have  not
been accomplished  due  to  the  Military  Personnel  Flight  (MPF)
clerk’s confusion regarding PCS ADSC counseling, which requires  no
documentation and the  training  ADSC  counseling,  which  occurred
simultaneously prior to the applicant’s entry into AFIT.

The applicant does not categorically deny any  knowledge  of  ADSCs
associated with AFIT.  Rather, the  applicant  provides  statements
that he was counseled on two separate occasions regarding  an  ADSC
associated with AFIT.  First, prior to his entry into AFIT in 1995,
the applicant states, “I was informed that I  would  return  for  a
tour of no more than 3 years to Air Command and Staff  College  and
that my actual ADSC would  be  determined  upon  completion  of  my
degree.”  They believe the applicant is referring to  the  standard
tour length associated with his follow-on assignment to Maxwell AFB
after graduation from AFIT and this date is completely unrelated to
any ADSC associated with  training.   Additionally,  the  applicant
states he signed “paperwork” in May 97 showing he  had  a  two-year
ADSC for completion of  his  Master’s  degree.   They  believe  the
applicant is referring to his assignment notification RIP  and  the
two-year ADSC he would receive for his PCS to Maxwell AFB.

Lastly, HQ AFPC/DPPRS states that  it  is  unlikely  the  applicant
avoided all discussions with his assignment officer, colleagues, or
AFIT staff,  which  alluded  to  the  ADSC  associated  with  AFIT.
Therefore, the conflicting time frames presented to  the  applicant
should  have  led  him  to  research  AFI  36-2107,   or   ask   an
authoritative source for clarification of his ADSC for AFIT.  It is
obvious from the applicant’s request his superiors are aware of the
ADSC associated with AFIT.  Specifically, the Air Command and Staff
College Commandant non-concurred  with  his  request  for  an  ADSC
waiver on 10 November  1998.   A  complete  copy  of  the  advisory
opinion is included as Exhibit C with Attachments 1 and 2.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant  responds  to  the  advisory  opinion  via  e-mail.   His
complete response is included as Exhibit E.

___________________________________________________________________

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 the applicant’s  request.   Applicant  contends
that the ADSC was changed to 10 May 2001 on 3 November 1998 without
notifying him prior to the change; that his ADSC was established as
17 May 1999; that he based his retirement  on  this  date  (1  June
1999); and that HQ AFPC has not furnished an AF Form 63 showing  he
was committed to the 1 May 2001 date.  HQ AFPC/DPPRS concedes  that
there is no AF Form 63 (Statement  of  ADSC  Counseling)  on  file.
However, that office speculates that the form  may  have  not  been
accomplished due to the MPF clerk’s confusion  regarding  PCS  ADSC
counseling, which requires no documentation and the  training  ADSC
counseling, which occurred simultaneously prior to the  applicant’s
entry into AFIT.

4.  There is no way of determining whether or not the applicant was
timely apprised of the  four-year  AFIT  commitment  and  given  an
opportunity  to  accept  the  service  commitment  voluntarily   as
contemplated by Air Force policy.  In view of the applicant’s  many
years of faithful service to the Air  Force,  the  absence  of  any
documentation to show that he voluntarily  accepted  the  four-year
ADSC, the fact that the ADSC was not detected until he applied  for
retirement, we believe  that  it  would  be  extremely  harsh  and,
therefore, unjust, to hold him to the four-year ADSC.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that he incurred a two-
year Active Duty Service Commitment  (ADSC)  as  a  result  of  his
attendance at the Air Force Institute  of  Technology  (AFIT)  from
21 August 1995 to 11 May 1997.

___________________________________________________________________

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 14 Nov 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 15 Jan 99, w/atchs.
     Exhibit D.  Letter, SAF/MIBR, dated 1 Feb 99.
     Exhibit E.  Electronic mail from Applicant, dated 8 Feb 99.




                                   BENEDICT A. KAUSAL IV
                                   Panel Chair








AFBCMR 98-03214




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 he
incurred a two-year Active Duty Service Commitment (ADSC) as a
result of his attendance at the Air Force Institute of Technology
(AFIT) from 21 August 1995 to 11 May 1997.







       JOE G. LINEBERGER

       Director

       Air Force Review Boards Agency

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