RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01229
            INDEX CODE:  113.04

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Joint Specialized Undergraduate Pilot Training (JSUPT) Active Duty
Service Commitment (ADSC) be reduced from ten (10) years to eight  (8)
years; and, that the start date of his ADSC be changed from Mar 01  to
Jan 99.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he began his flying training in May 97, his ADSC was eight years.
 The delay between his removal from training in  1998  and  subsequent
reinstatement caused him to be placed under the 10-year  ADSC.   Since
his removal from  flying  training  in  Oct  98  was  unjust  and  was
overturned by the AFBCMR, it would be an additional injustice for  him
to remain under the 10-year ADSC.  The start date for his ADSC  should
also be based on his original graduation date of Jan 99.

In  support  of  his  appeal,  the  applicant  provided  documentation
pertaining to a previous AFBCMR decision and his ADSC.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
captain, having been promoted to that grade on 2 May  01.   His  Total
Active Federal Military Service Date (TAFMSD) is 9 May 97.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letter prepared by the appropriate office of the  Air
Force.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSFO noted that the applicant accepted training and  signed  for
an eight-year ADSC (13 Jan  2007)  in  accordance  with  AFI  36-2107,
Active Duty Service Commitments and Specified Period of Time Contracts
(SPTC), dated 6 Jul 94 (version in effect at  the  time),  Table  1.4,
Rule 6.  He was eliminated from UPT on 10 Nov 98 and correctly  signed
for a two-year commitment (30 Nov 2000), in accordance  with  AFI  36-
2107, Table 1.8, Rule 11.  The  applicant  was  reinstated  to  flying
duties by the AFBCMR (Docket Number 99-00412) on  12 Aug 99.   He  was
cleared for flying duties and completed  JSUPT  on  30  Mar  2001  and
correctly accepted a 10-year ADSC (29 Mar 11) in accordance  with  AFI
36-2107, Active Duty Service Commitments, dated 1 Jun 2000 (version in
effect at the time), Table 1.1, Rule 7.

AFPC/DPSFO stated that AFI 36-2107, dated 1 Jun 00, did in fact change
the UPT/JSUPT commitment from eight years to 10 years effective 1  Jun
00  and  he  correctly  received  the  10-year  ADSC.   However,  they
indicated that  they  concur  with  the  applicant’s  belief  that  he
unjustly received the 10-year UPT ADSC.  The applicant was  originally
counseled under the eight-year policy and it was  not  his  fault  the
board reinstated him in to the 10-year ADSC  policy.   They  agree  it
would be more appropriate for him  to  receive  the  eight-year  ADSC.
However, they believe it should be applied beginning  upon  completion
of his actual UPT graduation date  (30  Mar  2001).   In  their  view,
applying an eight-year ADSC to this date  would  be  more  appropriate
than applying  it  to  a  projected  graduation  date.   According  to
AFPC/DPSFO, there are no provisions in the AFI to retroactively use  a
projected date.

AFPC/DPSFO noted the applicant’s contention regarding  Aviator  Career
Incentive Pay (ACIP).   They  indicated  that  they  have  no  way  of
projecting ACIP eligibility or entitlements for  2007  and  2011,  nor
would it affect their recommendation  for  his  appropriate  UPT  ADSC
date.

A complete copy of the AFPC/DPSO evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response, the applicant indicated that his unjust removal  from
pilot training has had severe repercussions on his  career.   Many  of
these repercussions cannot be remedied.  However, the
length and start date of his ADSC and the implications it carries  are
within the Board’s authority to correct.

Applicant’s complete response is at Exhibit D.

_________________________________________________________________

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 an injustice regarding the applicant’s request  that  his
ADSC be reduced from  10  years  to  eight  years.   Having  carefully
reviewed  this  application,  we  agree  with  the  recommendation  of
AFPC/DPSFO and adopt their rationale as the  basis  for  our  decision
that the applicant has been the  victim  of  either  an  error  or  an
injustice.  Accordingly, we recommend that the applicant’s records  be
corrected as set forth below.

4. Insufficient relevant evidence has been  presented  to  demonstrate
the existence of error or injustice concerning the applicant’s request
that the start date of his ADSC be changed from Mar 01 to Jan 99.   We
note that the applicant completed JSUPT on 30 Mar 01.   As  a  result,
his ADSC commenced on that date.  He believes that  had  he  not  been
removed earlier from flying training, he would have completed training
in Jan 99.  However,  there  is  nothing  presented  before  us  which
guarantees that had not the applicant been removed from  training,  he
would have completed his training in Jan 99.  As such, we  agree  with
AFPC/DPSFO it is appropriate that his ADSC should begin on this  date.
In view of the foregoing, and in the absence of sufficient evidence to
the contrary, the applicant’s request is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected  to  show  that  his  Active  Duty
Service Commitment (ADSC) incurred as a result of  his  completion  of
the Joint Specialized Undergraduate Pilot Training was established  as
eight years vice ten years.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-
01229 in Executive Session on 30 Jul 02, under the provisions  of  AFI
36-2603:

      Mr. Edward C. Koenig III, Panel Chair
      Ms. Brenda L. Romine, Member
      Ms. Kathleen F. Graham, Member

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

     Exhibit A.  DD Form 149, dated 15 Mar 02, w/atchs.
     Exhibit B.  Letter, AFPC/DPSFO, dated 7 Jun 02.
     Exhibit C.  Letter, SAF/MRBR, dated 14 Jun 02.
     Exhibit D.  Letter, applicant, dated 1 Jul 02.




                                   EDWARD C. KOENIG III
                                   Panel Chair









AFBCMR 02-01229




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 , be corrected to show that his Active Duty Service
Commitment (ADSC) incurred as a result of his completion of the Joint
Specialized Undergraduate Pilot Training was established as eight
years vice ten years.







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency