RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01119
COUNSEL:
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Active Duty Service Commitment (ADSC) be removed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He inquired about an ADSC and was informed no ADSC commitment
would be incurred. This was confirmed on two occasions in March
2008. In April 2008, he accepted a permanent change of station
(PCS) to Hurlburt Field, Florida. He checked and it was
confirmed no ADSC would be incurred with the assignment. On
5 May 2008, notification was received of a PCS to the 319th SOS
with a return no later than date (RNLTD) of 30 May 2008. On
7 May 2008, the RNLTD was moved to 30 September 2008. On 7 May
2008, he signed the Notification of Selection for Reassignment.
In section II of the form it states If you accept this
assignment you will not incur an ADSC for PCS or training. His
PCS orders AB-065125 reflect no ADSC/Training. On 4 September
2008, he out-processed and was ensured no ADSC had occurred. On
8 September 2008, he in-processed with the 319th SOS and within
two months CSO flight training would start. On 9 September 2008,
he began ground training courses. In September, he was notified
that the flight training course was moved to 14 October 2008. On
30 October 2008, he was notified he needed to sign a three year
ADSC. He contacted AFPC to find out what options were available
to him. He was informed he had two options - to finish the
course and upon completion incur a three year ADSC or decline the
ADSC and retire. On 5 November 2008, he signed the declination
statement and was removed from the CSO training program. On
20 November 2008, he applied for retirement. On 11 December
2008, he was informed that he would incur a two year ADSC because
the flight training course was started and not completed.
In support of his request, the applicant provided a personal
statement and documents extracted from his military personnel
records.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of
major having assumed that grade effective and with a date of rank
of 1 October 1997.
The remaining relevant facts pertaining to this application,
extracted from the applicants military personnel records, are
contained in the letter prepared by the appropriate office of the
Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOT recommends denial. DPSOT states the applicant
attended and graduated advanced flying training "U28ACSO-IO" on
or about the dates 14 October 2008 through 22 December 2008. The
applicant did not sign an AF Form 63, ADSC Acknowledgement
Statement, prior to departure for training. The applicant's PCA
orders reflect no ADSC listed for training.
The lack of ADSC documentation was due to the training course
quota being updated into the applicant's records on 22 September
2008 (shortly before actual departure from training). PCA orders
were accomplished on 10 June 2008, prior to assignment functional
loading training course into the applicant's records. An AF Form
63 was created and sent to the applicant's losing base on or
about 25 September 2008.
The DPSOT complete evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicants counsel responded by stating that the applicant
could have only incurred the ADSC requirement if he had continued
training; however, after being notified of the ADSC he withdrew
from the training. The applicant was not properly notified of
the ADSC prior to commencing the training and correction of his
record is appropriate.
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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We believe
the applicants request for a correction of his record to remove
his ADSC is supported by the evidence of record. We note that
the office of primary responsibility admits to an administrative
error in obtaining a signature from the applicant prior to his
departure for training. After reviewing the circumstances that
led to the applicant incurring a 2-year ADSC, and his efforts to
be informed of an ADSC prior to accepting the assignment, we
believe to impose the ADSC in his case would be against equity
and not in good conscience. Therefore, in order to offset the
possibility of an injustice, we recommend the applicants records
be corrected to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that the two year
Active Duty Service Commitment (ADSC) he incurred for attendance
of flying training course U28A-CSO-IO be, and hereby is,
declared void.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2009-01119 in Executive Session on 8 October 2009,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2009-01119 was considered:
Exhibit A. DD Form 149, dated 27 March 2009, w/atchs.
Exhibit B. Letter, AFPC/DPSOT, not dated, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 1 May 2009.
Exhibit D. Letter, Applicant, dated 22 May 2009.
Panel Chair
AFBCMR BC-2009-01119
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
APPLICANT be corrected to show that the two year Active Duty Service Commitment (ADSC)
he incurred for attendance of flying training course U28A-CSO-IO be, and hereby is, declared
void.
Director
Air Force Review Boards Agency
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