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AF | BCMR | CY2006 | BC-2006-02418
Original file (BC-2006-02418.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02418
            INDEX CODE: 113.04
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  14 Feb 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Active Duty  Service  Commitment  (ADSC)  date  of  7 Jun  08  for
Professional Military Education (PME) be changed to the  contractually
agreed upon date of 7 Jun 07.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She has five documents showing the Air Force and she agreed to an ADSC
of two years for PME.  The Air Force claims  it  simply  corrected  an
“error,”  and  that  even  when   all   documentation   is   completed
“erroneously” the member is not relieved of the  ADSC  the  Air  Force
wishes to assign.   She  believes  her  documents  are  equivalent  to
binding contracts.

In support of her request, applicant provided  Reports  of  Individual
(RIP) and orders to and from PME assignments, ADSC  contract,  emails,
and “corrected” ADSC.  Her complete submission, with  attachments,  is
at Exhibit A.

[Note:  According to emails included in her submission, the  applicant
appears to want to retire in the summer of 2007.]

_________________________________________________________________

STATEMENT OF FACTS:

AF Form 63,  ADSC  Acknowledgement  Statement,  formally  documents  a
member’s knowledge and acceptance  of  an  ADSC.   AFI  36-2107,  para
1.3.1.,  indicates  that,  even  if  the  AF  Form  63  is   completed
erroneously, the member is  not  relieved  of  the  ADSC.   ADSCs  are
incurred at the completion of school.

The applicant was selected for Senior Development Education (SDE) and,
on 12 Jul 04, she signed/acknowledged  a  RIP  notifying  her  of  her
reassignment to the National Defense University (NDU)  at  Ft.  McNair
with a report no later than (RNLT) date of 4 Aug 04.  Section II Block
3 of the RIP indicates she would incur a permanent change  of  station
(PCS) ADSC of 24 months.  The ADSC for training indicated “00 Months.”


Special Order No. AAA-1224, dated 14 Jun 04, ordered  the  applicant’s
reassignment from Bolling AFB, DC, to the NDU at Ft. McNair,  DC,  and
reflected a PCS ADSC of 24 months and that a  training  ADSC  was  not
applicable.  An AF Form 63, ADSC Acknowledgement Statement,  for  this
assignment does not appear to be available.

On 8 Apr 05, the applicant signed/acknowledged a RIP notifying her  of
her selection for a follow-on reassignment to Andrews AFB, MD, with  a
RNLT date of 5 Jul 05.  Section II Block 3 of the RIP reflects  a  PCS
ADSC of 24 months and no ADSC for training.

Special Order No. AAA-0841, dated 3 May 05,  ordered  the  applicant’s
reassignment from Andrews AFB to the NDU at Ft. McNair, and  reflected
a PCS ADSC of 24 months and no ADSC for training.

On 6 Jun 05, the applicant signed AF Form 63 acknowledging  she  would
incur a PCS ADSC of two years in accordance with  AFI  36-2107,  Table
1.1., Rule 6.  She indicated her understanding that if the  ADSC  will
extend beyond her retirement eligibility date, she would  be  required
to serve the ADSC prior to retirement.

The applicant subsequently received a 2 May 06 RIP  that  updated  her
ADSC to 7 Jun 08 to reflect a three-year ADSC for in-residence PME.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ USAF/DPO recommends denial, citing governing directives noting that
“Failure to complete an AF Form 63 (or other prescribed documentation)
does not relieve the member of the ADSC.”  Audit procedures  uncovered
the ADSC mistake made by someone in the  classification  and  training
section of the  applicant’s  military  personnel  flight  (MPF).   The
author makes an  analogy  to  service  members  having  to  repay  any
overages that may occur in their pay; they are not allowed to keep the
overage just because the voucher or leave and earnings statement (LES)
shows an overpayment.  The applicant never had an issue with the  fact
that an ADSC of three  years  is  assigned  to  all  in-residence  PME
graduates--but that she has paperwork (in error) that  shows  no  ADSC
for her PME in-residence.  Every student attending NDU or any other in-
residence PME opportunity as  well  as  all  Air  Force  Institute  of
Technology  (AFIT)-sponsored  programs  received   three-year   ADSCs.
Allowing this applicant’s request is against regulations and would  be
unfair to all other Air Force colonels who attended  in-residence  PME
and received a three-year ADSC.

The complete HQ USAF/DPO evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 20 Oct 06 for review and comment within 30 days  (Exhibit
C).  As of this date, this office has received no response.

_________________________________________________________________

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  error  or  injustice  to  warrant  adjusting   the
applicant’s ADSC date to 7 Jun 07.  Although  we  recognize  that  the
applicant could have been aware that PME normally carries a three-year
ADSC, the official RIPs and PCS orders she received  and  acknowledged
uniformly listed an ADSC for PCS but  no  ADSC  for  training.   Under
these circumstances, we conclude it was reasonable for  the  applicant
to rely on the two-year ADSC.  Any conclusion as to  what  action  the
member would have taken if correctly advised  as  to  the  appropriate
ADSC for PME and PCS would be speculative.  Under  the  circumstances,
we believe the benefit of any doubt should be resolved in her favor by
retaining the ADSC date of which she  was  originally  and  repeatedly
notified.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to the APPLICANT be corrected to show that she received a two-
year  Active  Duty  Service  Commitment  (ADSC)  of  7 June  2007  for
completion of Air Force Institute of  Technology  (AFIT)  professional
education.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 13 December 2006 under the provisions of AFI  36-
2603:

                 Mr. James W. Russell III, Panel Chair
                 Mr. Wallace F. Beard, Jr., Member
                 Ms. Barbara R. Murray, Member

All  members  voted  to  correct  the  records  as  recommended.   The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2006-02418 was considered:

   Exhibit A.  DD Form 149, dated 15 Jul 06, w/atchs.
   Exhibit B.  Letter, HQ USAF/DPO, dated 16 Oct 06.
   Exhibit C.  Letter, SAF/MRBR, dated 20 Oct 06.





                                   JAMES W. RUSSELL III
                                   Panel Chair

AFBCMR BC-2006-02418




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 XXXXXXX, XXXXXXX, be corrected to show that she
received a two-year Active Duty Service Commitment (ADSC) of 7 June
2007 for completion of Air Force Institute of Technology (AFIT)
professional education.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency


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