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Decision Text

AF | BCMR | CY2008 | BC 2008 00568
Original file (BC 2008 00568.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2008-00568
		INDEX CODE:  113.04
		
		COUNSEL:  NONE
		HEARING DESIRED:  NOT INDICATED

________________________________________________________________
_

APPLICANT REQUESTS THAT:

His 3-year Active Duty Service Commitment (ADSC) incurred for 
Predator Basic Course (Advanced Flying Training) be removed.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He was not aware of an ADSC in conjunction with his advanced 
flying training.  He never agreed to an ADSC extension for his 
training, nor was he given an opportunity to decline the 
assignment that would ultimately extend his commitment.  He did 
not sign an AF Form 63, Officer/Airman Active Duty Service 
Commitment (ADSC) Acknowledgment Statement or any other form of 
notification.  

His Permanent Change of Station (PCS) paperwork specifically 
indicated a PCS ADSC, but no training ADSC.  His PCS paperwork 
takes precedence over AFI 36-2107, Active Duty Service 
Commitments, Paragraph 1.3.1., which states “Failure to complete 
an AF Form 63 (or other prescribed documentation) does not 
relieve the member of the ADSC.”  Flying training specifically 
calls for paperwork other than an AF Form 63.  

The documentation provided shows he did not have a training ADSC 
listed at the time of his PCS.  His PCS to a Unmanned Aerial 
Vehicle (UAV) assignment is a 3-year controlled tour, and should 
not be confused with an ADSC extension.

In support of his request, the applicant provided a personal 
statement, his reassignment Report on Individual Personnel 
(RIP), a change of projected assignment sheet, and his PCS 
order.

The applicant's complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant attended and graduated from the Predator Basic 
course “PREDPSOBC” on or about 14 Apr 06.  Records indicate he 
did not sign an AF Form 63, prior to departing for training.  
His PCS orders show no ADSC listed at the time of his PCS move.

According to his Notification of Selection for Reassignment RIP 
he incurred a 24-month ADSC for his PSC assignment and no ADSC 
for his training.  

The lack of the ADSC documentation on his reassignment RIP was 
due to the fact the member’s advanced flying training course was 
not loaded into the military training database prior to his 
departure for training.  

________________________________________________________________
_

AIR FORCE EVALUATION:

HQ AFPC/DPS recommends denial of the applicant’s request to 
remove the three-year ADSC for the Predator Basic course.  DPS 
states he may request a waiver of his ADSC in conjunction with 
separation in accordance with AFI 36-3207 or as an exception to 
policy, if he wishes to separate from the Air Force prior to 
completing the ADSC.  

DPS states that the lack of ADSC documentation was due to the 
fact that the member’s advanced flying training course was not 
loaded into the military training database.  A formal training 
course quota is how the ADSC office (HQ AFPC/DPSOTES) is 
notified to generate and forward an AF Form 63 to the member.  
Since this action did not take place, the member was allowed to 
depart PCS without any ADSC listed for the training.

DPS states AFPC/DPSOTES was contacted by the Predator functional 
area manger (FAM) with a list of over 100 members that did not 
have their ADSCs updated for the Predator Basic course.  All 
affected members have had their advanced flying training ADSCs 
retroactively updated.

The complete DPS evaluation is at Exhibit B.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

His desire to correct his records is in no way a means for him 
to separate from the Air Force now, or in the immediate future.  
He states the Air Force personnel system failed him and his 
fellow aviators.  The Air Force admits to the error concerning 
the failure of AFPC to inform over 100 airmen of an ADSC 
associated with the Predator training.  However, citing the AFI 
governing training ADSCs does not shift the responsibility to 
the member and alleviate AFPC’s duty to get the paperwork right.  
The regulation specifically states the absence of an AF Form 63 
does not relieve the member from the associated ADSC.  While 
this statute holds true, it does not apply in his case.  An AF 
Form 63, was completed, signed, and returned.  AFPC’s problem is 
that the AF Form 63 did not include the ADSC; in fact, it 
specifically states that there would be no ADSC for training.  
Failure to complete the AF Form 63, is not the same as 
completing the AF Form 63, and having AFPC change the contract a 
year later.  Someone at AFPC considered a pilot shortage in the 
Predator community, so the personnel function plugged a hole in 
the dam for 6-9 months, by denying these Airmen the opportunity 
to exercise the choice they have earned.  

The 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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation 
of the Air Force office of primary responsibility (OPR) and 
adopt its rationale as the basis for our conclusion that the 
applicant has not been the victim of an error or injustice.  
While the applicant presented evidence that his PCS assignment 
paperwork did not list an ADSC for the advanced flying training, 
we note AFI 36-2107, as cited by the OPR, clearly states that a 
failure to document an ADSC does not relieve the member of an 
ADSC.  Additionally, the applicant has an administrative avenue 
for relief by requesting a waiver of the ADSC if he desires to 
separate.  Therefore, in the absence of evidence to the 
contrary, we find no compelling basis to recommend granting the 
relief sought in this application.

________________________________________________________________
_

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of 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 Docket Number    
BC-2008-00568 in Executive Session on 14 January 2009, under the 
provisions of AFI 36-2603:


	XXXXXXXXXXXXXX, Panel Chair
	XXXXXXXXXXXXXXX, Member
	XXXXXXXXXXXXXXX, Member


The following documentary evidence pertaining to Docket Number 
BC-2008-00568 was considered:

    Exhibit A.  DD Form 149, dated 25 Jan 08, w/atchs.
    Exhibit B.  Letter, AFPC/DPS, dated 1 Aug 08.
    Exhibit C.  Letter, SAF/MRBR, dated 22 Aug 08.
    Exhibit D.  Letter, Applicant, dated 14 Sep 08.
	 

                         XXXXXXXXXXXXXXX
			 Panel Chair


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