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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