RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00812 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

1. His active duty service commitment (ADSC) associated with 
his Specialized Undergraduate Pilot Training (SUPT) be adjusted 
back to its original date of 2 April 2010 (eight year service 
commitment). 

 

2. He be enrolled in the Fiscal Year 2010 (FY2010) Aviator 
Continuation Pay (ACP). 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

In accordance with (IAW) AFI 36-2107, Active Duty Service 
Commitments, Note 1, “The Air Force Academy classes of 1998 and 
1999…will incur an ADSC of eight years (versus 10 years) upon 
completion of SUPT or Joint SUPT (JSUPT).” There is no mention 
of “who were categorized as pilots at extended active duty (EAD) 
entry” that is present in the previous and current version of 
the AFI. His ADSC was changed without his knowledge, after 
7 plus years and in his opinion not IAW the AFI that was in 
effect at the time of his SUPT graduation. 

 

He needs the 8 year ADSC to qualify for the Fiscal Year 2010 
(FY2010) ACP. 

 

In support of his appeal, the applicant provides a personal 
statement; ADSC Statement of Understanding; a copy of a similar 
AFBCMR case file; email correspondence, and other supporting 
documents. 

 

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

 

________________________________________________________________ 

 

 

 

 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application, extracted 
from the applicant’s military records, are contained in the 
letter prepared by the appropriate office of the Air Force. 


 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

AFPC/DPT recommends denial, stating, in part, due to the fact 
the applicant was not classified as a pilot upon EAD they 
recommend keeping his UPT ADSC as a 10 year commitment per 
AFI 36-2107 and supporting documentation. 

 

The statement of agreement the applicant signed on 5 Sep 00 
states “I have been counseled on the ADSCs associated with 
selection to UPT and have had time to review and read AFI 36-
2107. The version of AFI 36-2107 at the time of the applicant’s 
signature was dated 1 Jun 00. AFI 36-2107, Table 1.1, Rule 7, 
Note 1, dated 1 Jun 00, states “members of United States Air 
Force Academy (USAFA) classes of 1998 and 1999, and Air Force 
Reserve Officer Training Corps (AFROTC) cadets commissioned in 
Fiscal Year (FY) 1998 and 1999, who were categorized as pilots 
on EAD entry, incur an ADSC of eight years (versus 10 years) 
upon completion of JSUPT.” Since the applicant was not 
classified as a pilot upon EAD he did not satisfy the 
requirements to stay under the 8 years ADSC within his year 
group per AFI 36-2107. 

 

The AFPC/DPT complete evaluation, with attachments, is at 
Exhibit C. 

 

AFPC/DPAO recommends denial of a change to the applicant’s ADSC 
and qualification for the FY2010 ACP. 

 

The applicant desires to apply for the FY2010 ACP Program; 
however, his request was denied because of his 10 year ADSC 
(expires 2 Apr 2012) that should have been levied upon him has 
not expired. The applicant states his case is similar to case 
file AFBCMR Docket Number BC-2007-00380, where the Board 
approved an 8 year ADSC under similar circumstances and that 
decision was already made in his favor based on precedence. 

 

Unfortunately, the applicant has failed to present any source 
document evidence (ADSC contract, Permanent Change of Station 
(PCS) orders, etc.) that indicates he previously had an 8 year 
ADSC other than the 8 Aug 09 Air Force Material Command (AFMC) 
Command Human Resources Intelligence System (CHRIS) Military 
Employee Acquisition Brief. 

 

AFI 36-2107 that applied to the applicant at the time he signed 
his ADSC statement of agreement was dated 1 Jun 00. The AFI 
clearly states only those USAFA or AFROTC cadets “who were 
categorized as pilots on EAD entry” are eligible for an 8 year 
ADSC—the applicant was not categorized as “pilot” when he 
entered EAD but as an “acquisition officer.” 

 


Air Force policy extended UPT service commitments to 10 years; 
previous AFBCMR decisions waived additional two years when 
documentation clearly indicates an “injustice” occurred; 
however, in this case, the applicant has failed to produce 
source documentation that would substantiate his claim that he 
should be entitled to an 8 year UPT ADSC. 

 

The complete AFPC/DPAO evaluation, with attachments, is at 
Exhibit D. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

The applicant reiterates his original claim and notes that even 
though he provides a copy of the memorandum from 1998 and the 
AFI 36-2107 (15 Oct 01) version, it appears that DPAO failed to 
consider these items. The 1998 memorandum states that “Cadets 
in the classes of 1998 and 1999 are exempt and will incur an 8-
year ADSC. It does not mention EAD entry requirements, or any 
other caveats to the 8-year versus 10-year ADSC determination. 
Over the next 7 plus years, a review of his SURF or CHRIS, he 
received continued to reinforce his understanding that he had an 
8-year ADSCs. It was not until he attempted to sign up for the 
FY2010 ACP, that he learned that the ADSC had been changed. 

 

Furthermore, he thinks the version of AFI 36-2107 that was 
current should prevail. He agrees with DPAO that when he signed 
the ADSC on 30 Aug 00, the 1 Jun 00 version of the AFI was 
current and included the “who were categorized as pilots at EAD 
entry.” However, that ADSC statement clearly states that “if 
the ADSC changes, he will serve the ADSC in effect at the time 
he receives his aeronautical ratings. It did not require 
officers to classify as pilots at EAD entry as the previous 
version. 

 

Given the fact that his ADSC was changed, without any 
notification and not IAW with the AFI that was current when he 
received his aeronautical rating, he requests that his ADSC be 
returned to 2 April 2010 and he be enrolled in the ACP effect 3 
April 2010. 

 

The applicant’s complete response, with attachments, is at 
Exhibit F. 

 

______________________________________________________________ 

 

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 warranting 
corrective action. After careful consideration of the 
applicant’s request and the available evidence of record, we 
believe the applicant’s ADSC should be changed to 8 years. 
While we note the comments provided by the Air Force offices of 
primary responsibility (OPRs), it appears the applicant signed 
an ADSC statement indicating that he would receive the 
appropriate Undergraduate Flying Training (UFT) commitment after 
being awarded his aeronautical rating and that if the ADSC 
changes, he would serve the ADSC in effect at the time he 
received his aeronautical rating. The Board notes the 
15 October 2001 version of AFI 36-2107 which stated cadets 
commissioned in FY98 and FY99 would incur an 8-year ADSC (versus 
10 years) upon completion of SUPT. However, this version did 
not require officers to be classified as pilots at EAD entry as 
the previous version (1 June 2000). The applicant completed UPT 
in April 2002; therefore, in accordance with the governing AFI 
in effect at the time of his being awarded his aeronautical 
rating, his ADSC should have been recorded as 8 years rather 
than 10. While it is evident that there is confusion as to 
which policy constitutes the appropriate ADSC, we believe based 
on this record, that any doubt should be resolved in the 
applicant’s favor. Accordingly, we recommend the applicant’s 
record be corrected to the extent indicated below. 

 

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 issue(s) 
involved. Therefore, the request for a hearing is not favorably 
considered. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that: 

 

 a. His Active Duty Service Commitment was established as 
2 April 2010 as a result of his completion of Specialized 
Undergraduate Pilot Training. 

 

 b. By competent authority, his request to enter into a 
Fiscal Year 2010 Aviator Continuation Pay Agreement with an 
effective date of 3 April 2010 with a corresponding Active Duty 
Service Commitment Date of 2 April 2015 was approved. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-00812 in Executive Session on 18 November 2010, 
under the provisions of AFI 36-2603: 


All members voted to correct the records, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 19 Feb 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPT, dated 11 May 10, w/atchs. 

 Exhibit D. Letter, AFPC/DPAO, dated 28 May 10, w/atchs. 

 Exhibit E. Letter, SAF/MRBR, dated 11 Jun 10. 

 Exhibit F. Letter, Applicant, dated 21 Jun 10. 

 

 

 

 


AFBCMR BC-2010-00812 

 

 

 

 

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: 

 

 a. His Active Duty Service Commitment was established as 2 April 2010 as a result 
of his completion of Specialized Undergraduate Pilot Training. 

 

 b. By competent authority, his request to enter into a Fiscal Year 2010 Aviator 
Continuation Pay Agreement with an effective date of 3 April 2010 with a corresponding Active 
Duty Service Commitment Date of 2 April 2015 was approved. 

 

 

 

 

 

 

 

 Director 

 Air Force Review Boards Agency