Search Decisions

Decision Text

AF | BCMR | CY2009 | BC-2009-01119
Original file (BC-2009-01119.txt) Auto-classification: Approved
 

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 applicant’s 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 applicant’s 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 applicant’s 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 applicant’s 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 applicant’s 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 

 

 

 

 

 

 

 

 

 

 

 



Similar Decisions

  • AF | BCMR | CY2009 | BC 2009 01119

    Original file (BC 2009 01119.txt) Auto-classification: Approved

    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. The applicant did not sign an AF Form 63, ADSC Acknowledgement Statement, prior to departure for training. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant’s counsel responded by stating that the applicant could have only incurred the ADSC requirement if he had continued training;...

  • AF | BCMR | CY2008 | BC 2008 00568

    Original file (BC 2008 00568.txt) Auto-classification: Denied

    His Permanent Change of Station (PCS) paperwork specifically indicated a PCS ADSC, but no training ADSC. The documentation provided shows he did not have a training ADSC listed at the time of his PCS. 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.

  • AF | BCMR | CY1999 | 9900677

    Original file (9900677.doc) Auto-classification: Denied

    While the applicant has provided evidence of his motion sickness during UFT, he was allowed to continue with his training. No error was committed in allowing the applicant to complete UPT, and his resulting ADSC should be completed unless he is released by proper authority for other reasons. The Air Force would receive nearly four years of duty from the date of his graduation from UNT.

  • AF | BCMR | CY2012 | BC-2012-04772

    Original file (BC-2012-04772.txt) Auto-classification: Denied

    On 19 Sep 11, the applicant acknowledged the new ADSC of 9 Feb 15 and agreed to the new training dates by signing the AF Form 63, ADSC Acknowledgement Statement. Instead, she accepted the training and agreed to the ADSC that began upon completion of the ADSC incurring event. On 19 Sep 11, the applicant received and acknowledged the ADSC and agreed to the new training dates.

  • AF | BCMR | CY2005 | BC-2004-02126

    Original file (BC-2004-02126.DOC) Auto-classification: Approved

    The applicant holds an aeronautical rating of navigator with an Aviation Service Date of 25 March 1996. It is COMACC’s opinion that the applicant’s requests have no basis and; therefore, he stands by the findings and recommendations of the FEB, the professional review and recommendations of the rated functional experts, the legal review for sufficiency of evidence, and the decision to permanently disqualify the applicant as a pilot in any type of Air Force aircraft. MICHAEL V....

  • AF | BCMR | CY1998 | 9701370

    Original file (9701370.pdf) Auto-classification: Denied

    This generated a training allocation notification R I T , which clearly indicated a three-year RDSC would be incurred, and applicant was required to initial the following statements on the RIP, I I I accept training and will obtain the required retainability" and ''1 understand upon completion of this training I will incur the following active duty service commitments (ADSC) ' I . Although documentation of counseling does not exist and applicant denies that it occurred, they believe it's a...

  • AF | BCMR | CY1998 | 9800605

    Original file (9800605.pdf) Auto-classification: Approved

    A five-year ADSC? and applicant is not. Training ADSCs ............................................................................................................................................... 1.8.

  • AF | BCMR | CY1998 | 9801620

    Original file (9801620.pdf) Auto-classification: Denied

    APPLICANT CONTENDS THAT: He was not made aware of nor did he acknowledge acceptance of the three-year ADSC for completion of Initial Qualification Training (IQT) in the C-9. While documentation of the officer's awareness of the ADSC provides ironclad proof the counseling was accomplished in a timely manner and the officer voluntarily accepted the ADSC, it is not the documentation of counseling that establishes the ADSC, but rather the completion of the ADSC- incurring event (in this case,...

  • AF | BCMR | CY2012 | BC-2012-04708

    Original file (BC-2012-04708.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04708 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: Her records be corrected to reflect that she completed her first (12-year) Operational Flying Duty Accumulator (OFDA) gate. The applicant contends that having completing 95 months of flying toward the required 96 months to meet her 12-year flying...

  • AF | BCMR | CY1998 | 9802640

    Original file (9802640.pdf) Auto-classification: Denied

    Rather than change member’s PDD and RNLTD, the MPF erroneously amended member’s PCS orders to reflect TDY en route. Member d 8 August 1998 and proceeded to her new permanent duty station ar signature on the attached DD Form 1840 (Atch 1) confirms that she was in the area of her new permanent duty on 13 August 1998, the date her household goods were delivered. A PCS cannot be continued, nor can a PCS order be amended to change the permanent duty station after the RNLTD.