Search Decisions

Decision Text

AF | BCMR | CY1999 | 9900117
Original file (9900117.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-00117
            INDEX CODE:  113.04

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Major Weapon System  Active  Duty  Service  Commitment  (ADSC)  be
reduced by 18 months or as much as the Board deems appropriate for his
circumstances.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to several base closures, he  got  lost  in  the  transition  from
Operational Support Aircraft (OSA) to a MWS and spent too much time in
OSA.

He states, in part, that his initial assignment after UPT was a three-
year tour in OSA at Norton AFB, CA.  After a base closure at Norton ll
months after he arrived and a unit closure at March AFB, CA, 10 months
after their unit moved there,  he  spent  2  years  and  9  months  at
Randolph AFB, TX.  All told, he stayed  in  OSA  four  years  and  six
months due to those moves and an inability to procure an assignment to
a MWS prior to May of 1996.  When  he  arrived  at  Randolph,  he  did
notify the C-21 assignment officer of his situation and when his three-
year point in OSA occurred.  He took note, but informed  him  that  it
would be a while before he got to him.  He talked to AFPC periodically
as his time went on at Randolph, but  he  still  stayed  there  almost
three years.  He did not have a designated follow-on assignment  after
his  C-21  assignment  and  the  quarterly   OSA   assignment   boards
discontinued before he got one.  After that, most first assignment OSA
pilots did have a follow-on and he feels  that  he  got  lost  in  the
transition.

When he arrived  at  McGuire  AFB,  NJ,  he  was  presented  with  the
paperwork for his five-year MWS  commitment.   He  did  discuss  these
previous events with his unit before signing, but they  said  to  sign
the paperwork or he would not  be  allowed  to  attend  his  scheduled
training.  He did not know about this application  and  process  until
recently and felt that he had no other options at the time of  signing
the  five-year  commitment.   Applicant’s   complete   statement   and
documentary evidence submitted  in  support  of  the  application  are
included as Exhibit A with Attachment 1.

_________________________________________________________________

STATEMENT OF FACTS:

On 27 September 1995, the applicant  signed  an  OFFICER  ACTIVE  DUTY
SERVICE COMMITMENT (ADSC) COUNSELING STATEMENT, AF Form 63, indicating
that he had been counseled that he would incur a  five-year  ADSC  for
completion of Initial Qualification Training (IQT) in the  KC-10  from
the course completion date.

Applicant completed the KC-10 IQT on 27 September 1996 and incurred  a
five-year ADSC of 26 September 2001.

_________________________________________________________________

AIR FORCE EVALUATION:

The Assistant Chief, Separations Branch,  AFPC,  recommends  that  the
application be denied.  He indicates that the applicant signed  an  AF
Form 63 incurring the five-year ADSC on 27 September 1995.  By signing
the AF Form  63,  he  acknowledged  his  understanding  of  the  ADSC.
Officers who do not desire to accept the ADSC associated with training
are required to separate from the Air Force in lieu of proceeding with
the training.  Officers  who  accept  such  training  and  Assignments
accept the associated ADSC.

Applicant claims he spent too much time in the OSA prior to entry into
his MWS.  He  claims  this  occurred  because  of  the  numerous  base
closures his units were associated with.  Based upon their discussions
with the Rated Officer Assignments Branch, HQ AFPC/DPAOM, there is  no
evidence to suggest the applicant was denied the opportunity to  apply
for a MWS when March AFB closed.  According to HQ AFPC/DPAOM, there is
no minimum/maximum tour length in OSA; however, pilots routinely spend
three years in these types of  aircraft.   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.  They  cannot
ascertain why the applicant waited so long to apply for his MWS.

IQT in any MWS incurs a five-year ADSC and this  association  is  very
well known throughout the pilot community.   According  to  the  Rated
Assignments Branch, HQ  AFPC/DPAOM,  the  applicant  had  two  options
following his OSA tour.  First, he could accept an assignment  into  a
MWS and incur the associated five-year ADSC.   Second,  the  applicant
could have applied for  separation  in  lieu  of  the  training.   The
applicant chose the first option: he accepted training into the  KC-10
and incurred a five-year ADSC for the IQT (Exhibit c with  Attachments
1 through 3).

_________________________________________________________________

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 8 February
1999 (Exhibit D).  However, he has failed to respond to date.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of a probable error or an injustice.  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.  However,  we
do not find this assertion, in and by itself, sufficiently  persuasive
so  as  to  override  the  rationale  expressed  by  the  Air   Force.
Therefore, we agree  with  the  Air  Force  and  adopt  the  rationale
expressed as the basis for  our  conclusion  that  the  applicant  has
failed to sustain his burden of establishing the existence  of  either
an error or an injustice warranting favorable action on his request.

_________________________________________________________________

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 21 July 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




The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Jan 99.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 22 Jan 99, w/atchs.
    Exhibit D.  Letter, AFBCMR, dated 8 Feb 99.




                             BENEDICT A. KAUSAL, IV
                             Panel Chair


Similar Decisions

  • AF | BCMR | CY1999 | 9900292

    Original file (9900292.doc) Auto-classification: Approved

    Despite this, the applicant claims the MPF stated he had to accept the C-141 training because he had three and one-half years remaining on his UPT ADSC. Despite Block II of the AF Form 63 not being initialed, the applicant signed the AF Form 63 reflecting the correct ADSC and thus accepted the ADSC (Exhibit C with Attachments 1 through 4). In this case, however, the applicant has presented persuasive evidence that he agreed to the C-141 IQT training under the assumption that he would incur...

  • 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 | CY2001 | 0001931

    Original file (0001931.doc) Auto-classification: Denied

    It indicates, in part, that the applicant claims he requested (and subsequently was denied) to attend C-141B IQT after having been assigned to XXXX AFB for just 1.5 years in order to “prevent from extending [his] ADSC.” If applicant had been allowed to attend C- 141B IQT at this point in his career (Feb 98), he would have approximately four years and two months left of his UPT ADSC. Applicant believes he was wrong when he stated that applicant “voluntarily requested and accepted the...

  • 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 | 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 | CY1998 | 9802365

    Original file (9802365.doc) Auto-classification: Approved

    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...

  • AF | BCMR | CY1999 | 9802365

    Original file (9802365.doc) Auto-classification: Approved

    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...

  • AF | BCMR | CY1998 | 9800605

    Original file (9800605.pdf) Auto-classification: Approved

    A five-year ADSC? and applicant is not. Training ADSCs ............................................................................................................................................... 1.8.

  • 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. ...