RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2007-00380
            INDEX NUMBER:  100.07
      XXXXXXX    COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  11 AUG 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Active Duty Service Commitment (ADSC) for Undergraduate  Pilot  Training
(UPT) be changed to an eight-year commitment.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to an administrative error, his records initially  showed  a  three-year
ADSC for graduating from an Advance Specialty Training course.  Acting  upon
his inquiry to the local Military Personnel  Flight  (MPF),  the  Air  Force
Personnel Center (AFPC) corrected his records to  reflect  a  ten-year  ADSC
for a Specialized Undergraduate Pilot Training (SUPT)  commitment.   He  was
originally   selected   to   attend   pilot   training   immediately   after
commissioning.  However, in  Aug  1999,  he  was  informed  his  waiver  for
excessive refractive error  (eyesight)  had  been  declined.   A  subsequent
attempt for a waiver was approved and he entered SUPT in Jul  of  2001.   He
graduated from the 13-month training  program  in  Aug  2002  and  has  been
assigned as a pilot in the C-17A airframe for the entirety of  his  aviation
service. He states it was well known and documented that the SUPT  ADSC  was
increased from eight to ten years for graduates of  the  United  States  Air
Force Academy (USAFA) Class of 2000 and beyond.   There  is  no  mention  of
SUPT attendance dates or any other caveats to  the  eight-year  versus  ten-
year ADSC assignment determination in the  USAFA  Cadet  Personnel  official
memorandum dated 30 Jul 1998. The  applicant  states  although  AFPC’s  ADSC
branch does not consider this notification to be  “official,”  at  the  very
least, it does  lay  the  groundwork  for  his  expectation.   When  he  was
selected to attend SUPT in 2000, he signed an ADSC stating he would  receive
the appropriate Upgrade Pilot Training (UPT) commitment after being  awarded
his aeronautical rating.  It further stated, if the ADSC changed,  he  would
serve the ADSC in effect at the time he received  his  aeronautical  rating,
 The most current version of AFI 36-2107, Active  Duty  Service  Commitments
dated 15 Oct 2001 specifically outlines an  eight-year  commitment  for  all
USAFA graduates of 1998 and 1999 upon completion of  SUPT.   Base  upon  the
language of his signed ADSC statement  and  the  language  of  the  guidance
outlined in AFI 36-2107, he attended pilot training with the expectation  of
serving an eight-year ADSC.  He  does  not  agree  with  AFPC’s  claim  that
previously and subsequently issued versions of the  ADSC  regulation  should
have any bearing on his  otherwise  unambiguous  expectation.   He  believes
AFPC made a  mistake  by  not  loading  the  correct  ADSC  in  his  records
immediately upon graduation from  SUPT.   He  does  acknowledge  he  made  a
mistake in ensuring his records were (SIC) updated correctly.   He  believes
if he had identified this error  in  2003,  he  would  have  been  correctly
assigned an eight-year commitment, in compliance with the  2001  version  of
AFI 36-2107.  Ultimately, he is looking to fulfill  the  service  obligation
that he expected and that is soundly justified by Air Force’s own  certified
instruction.

In support of his request, applicant provided a personal letter, an  excerpt
from AFI 36-2107, copies of his ADSC letter and statement of agreement.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was scheduled to attend UPT upon entering  the  Air  Force  in
1999.  Due to medical issues, he was classified as  a  maintenance  officer.
On 1 Oct 1999, the ADSC for UPT was changed from an  eight-year  to  a  ten-
year commitment.  The applicant signed a statement of  agreement  on  5  Sep
2000, his medical issues were cleared and he attended UPT in  Jul  2001  and
received his aeronautical rating on 16 Aug 2002.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPS recommends denial.  DPS states the applicant signed a  statement
of agreement on 5  Sep  2000  indicating  he  was  counseled  on  the  ADSCs
associated with his selection to UPT and had reviewed and read AFI  36-2107.
 The version at the time  of  his  signature  was  dated  1  Jun  00  stated
“Members of the United States Air Force Academy classes of  1998  and  1999,
and Air Force Reserve Officers Training Corps (AFROTC)  cadets  commissioned
in Fiscal Years (FY) 1998 and  1999,  who  were  categorized  as  pilots  at
Extended Active Duty (EAD) entry, incur  an  ADSC  of  8  years  (versus  10
years) upon completion of Joint  Specialized  Undergraduate  Pilot  Training
(JSUPT)”.  Since he was not classified as  a  pilot  upon  EAD  he  did  not
satisfy the requirements to stay under  the  8-year  ADSC  within  his  year
group. Due to the fact he was not  classified  as  a  pilot  upon  EAD,  DPS
recommends he keep the UPT ADSC as a ten-year  commitment  per  AFI  36-2107
and supporting documentation.

The complete DPS evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant stated the memorandum from DPS although factually
correct, does not address the specific basis of his  request.   He  requests
his previously submitted document be reviewed.  On 5 Sep 2000, he signed  an
ADSC  statement  of  agreement,  which  provided  the   following   guidance
(emphasis added):  "I fully understand that I will receive  the  appropriate
UFT commitment after I am awarded  my  aeronautical  rating.   If  the  ADSC
changes, I will  serve  the  ADSC  in  effect  at  the  time  I  receive  my
aeronautical rating".  The applicant attached a  copy  of  the  15 Oct  2001
version of AFI 36-2107; however, DPS provided the 1 Jun 2000  version.   The
applicant does not refute the validity of the 2000 version, and in the  2001
version, the requirement to be "categorized as a pilot  at  EAD  entry"  was
removed.  The applicant believes he has highlighted the relevant  text  from
that instruction.  The 2001 version of 36-2107 was  released  while  he  was
attending SUPT and when he graduated from SUPT in Aug of 2002,  it  was  the
governing regulation, and it was not rescinded until  2005.   The  applicant
states the ADSC clearly changed while he was in training  and  the  document
he signed indicated he would serve  the  ADSC  in  effect  at  the  time  he
completed his training.  He believes he is entitled to  an  eight-year  SUPT
commitment.

His complete response, with attachments, 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  warranting  relief.    After   reviewing   the
documentation submitted, the Board believes the applicant's ADSC  should  be
changed.  The Board noted the 15 Oct 2001  version  of  AFI  36-2107  stated
cadets commissioned in FY 1998 and 1999 would incur an 8-year  ADSC  (versus
10 years) upon completion of SUPT.  This version did  not  require  officers
to be classified as pilots at EAD  entry  as  the  previous  version  (1 Jun
2000).  The applicant completed SUPT in Aug 2002; therefore,  in  accordance
with the governing AFI at the time of his graduation, his ADSC  should  have
been recorded as eight years instead of ten. In view of  the  above  and  in
order to resolve  any  injustice  in  favor  of  the  applicant,  the  Board
recommends his records be corrected in the following manner.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues  involved.  Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES 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) was established as 15 Aug 2010 as  a  result  of  his  completion  of
SUPT.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-00380
in Executive Session on 8 May 2007 under the provisions of AFI 36-2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Ms. Kathleen B. O'Sullivan, Member
                 Mr. Garry G. Sauner, Member

All members voted to correct the records,  as  recommended.   The  following
documentary  evidence  pertaining  to  Docket   Number   BC-2007-00380   was
considered:

   Exhibit A.  DD Form 149, dated 13 Feb 07, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPS, dated 23 Mar 07, atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 30 Mar 07.
   Exhibit D.  Letter, Applicant, dated 13 Apr 07, w/atchs.





                                   CHARLENE M. BRADLEY
                                   Panel Chair


                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



[pic]

 Office of the Assistant Secretary


AFBCMR BC-2007-00380




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 his Active Duty Service
Commitment (ADSC) was established as 15 August 2010 as a result of his
completion of Specialized Undergraduate Pilot Training.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency