of
Air
Force
Instruction
DOCKET NUMBER: BC-2010-03496
COUNSEL: NONE
HEARING DESIRED: NO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His Active Duty Service Commitment (ADSC) date be changed to
1 August 2009 rather than 3 December 2011.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
His Permanent Change of Station (PCS) move meets the
requirements
36-2110,
Assignments, para 2.51, making it a low cost/no cost (LCNC)
move. Although AFI 36-2107, Active Duty Service Commitments,
lists a Continental United States (CONUS) to CONUS PCS as an
ADSC event, he believes that since his PCS orders should have
been coded as a LCNC PCS, his ADSC should be adjusted.
He was not properly counseled about his ADSC, because counseling
should have been documented on the AF Form 63, Officer and
Airman Active Duty Service Commitment (ADSC) Acknowledgment
Statement, within seven days of assignment.
In support of his appeal, the applicant provides a copy of a
redacted email correspondence.
The applicant’s complete submission, with attachment, 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
letters prepared by the appropriate offices of the Air Force.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPAPB recommends denial, stating, in part, a change to the
original PCS code is not warranted. The applicant has a fully
(AFI)
funded PCS order made consistent with normal PCS selection
criteria. Neither the assignment team nor the ADSC personnel
are supporting this request and the member has not articulated a
specific reason explaining what benefit the Air Force would
receive based on the approval of his request.
Proper protocol was followed in the processing of the
applicant’s assignment. The intent of the “Low-Cost” PCS
program covered under AFI 36-2110, para 2.51., is to fill urgent
requirements from local resources when there is no other
qualified individuals available. Therefore, it is not standard
AF operating procedures to seek low-cost volunteers, unless
there are no other available, qualified individuals. In
addition, in order to be considered for a low-cost PCS, the
member has to specifically ask for consideration and must
provide a written statement that he/she will not relocate their
household if provided a low-cost PCS. This did not occur in the
applicant’s case. Therefore, his request requires a change in
his PCS status after his reassignment has consummated.
In addition, the documents submitted in support of the applicant
clearly indicate that he was aware of the provisions of the Low
Cost move program; that he intended to request a low cost move;
but, he did not submit an official request. Since the applicant
had indicated his desire for a Low Cost move, it must be assumed
that the assignment team chose not to pursue that option and
that they believed the assignment required someone who would
remain in the position for two or more years. In this case,
there is nothing in the documentation provided that indicates
the applicant contested this choice prior to his arrival at his
duty station.
The complete AFPC/DPAPB evaluation is at Exhibit C.
AFPC/DPSIP recommends denial, stating, in part, the applicant
should incur the 2-year ADSC for the CONUS to CONUS PCS. Based
on the governing instructions, service members who PCS CONUS to
CONUS, will incur an ADSC of two years; excluding low-cost and
no-cost PCS. In addition, failure to complete the AF Form 63
does not relieve the member of the ADSC.
The complete AFPC/DPSIP evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
The applicant indicates that at the time he volunteered for the
assignment, his email choices clearly reflect his request for
LCNC consideration. Thus, his PCS orders were inaccurate. He
should have been counseled on his ADSC and the counseling should
have been properly documented on an AF Form 63. He does not
believe protocol was properly followed in this case and his move
clearly met the requirement outlined in DPAPB’s letter for a low
cost no cost move. The position he applied for is a one deep
position and was vacant for nearly 18 months. He clearly
indicated (in writing) when he sent his choices that he would
not relocate his dependents or household goods, if selected for
PCS.
When he received his assignment orders because they indicated a
48-month ADSC, he assumed it was a misprint and referred to the
tour length rather than the ADSC.
The applicant’s complete response 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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicant's complete submission, including his rebuttal
to the Air Force evaluation in judging the merits of the case;
however, the applicant’s case has undergone an exhaustive review
by the Air Force offices of primary responsibility and we did
not find the evidence provided, sufficient to overcome their
assessment of the case. Therefore, in the absence of evidence
to the contrary, we find no basis to recommend granting the
relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2010-03496 in Executive Session on 28 June 2011, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-03496 was considered:
Exhibit A. DD Form 149, dated 6 Sep 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPAPB, dated 28 Oct 10.
Exhibit D. Letter, AFPC/DPSIP, dated 2 Dec 10.
Exhibit E. Letter, SAF/MRBR, dated 14 Jan 11.
Exhibit F. Letter, Applicant, dated 16 Jan 11.
Panel Chair
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