RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02866
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His original Active Duty Service Commitment (ADSC) date of
14 February 2012 be reinstated.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was given an assignment to serve as a T-6 Instructor Pilot at
Sheppard Air Force Base (AFB), Texas, in April 2010. Upon
receiving this assignment he was given an Air Force Personnel
Center brief through the Osan Air Base Force Support Squadron
(FSS) and Military Personnel Flight (MPF) outbound assignments
division. The brief referenced no other service commitments for
advance flying training would be added to a member that extended
beyond the ten-year Undergraduate Pilot Training (UPT)
commitment. He accepted the assignment based on this
information. He reported to Sheppard AFB in June 2010 and
completed T-6 Pilot Instructor training in October 2010. Twelve
months prior to his reported date of separation; he confirmed
through the 82nd Fighter Wing FSS and the Sheppard AFB Chief of
Personnel that his ADSC would expire in February 2012. Upon
confirmation of this date, he positioned himself to separate from
active duty. He spent several thousand dollars and countless
hours on training and certifications to be competitive in the
civilian work force. Additionally, he applied to the 97th
Reserve Squadron with an availability date of no later than
February 2012. On 3 May 2011, he received an automatic ADSC
email update reflecting a new ADSC of October 2014. This ADSC
was forwarded to the Sheppard AFBs Chief of Personnel
Relocations Office who, in turn, advised him it was in error in
accordance with AFI 36-2107, Note 1b, and to continue pursuing a
separation in February 2012. On 10 June 2011, he was the 76th
person hired by FedEx from a pool of 13,500 applicants. On
30 June, he was hired by the 97th Reserve Squadron at Sheppard
AFB. The same day, he received notification from AFPC that his
ADSC would remain October 2014. On 6 July, he received a third
automated ADSC to November 2013. He was an Intermediate
Developmental Education (IDE) select major that made negative
active duty career progression decisions based on the most
competent data Osan AB and Sheppard AFB had to offer. He made
the decision not to pursue IDE, to request Voluntary Separation
Pay (VSP), and to not be retained in the Fiscal Year 2011
Reduction in Force (RIF).
His family is now experiencing significant hardship and a
capsizing of both his active duty Air Force career and civilian
airline career due to the Osan AB and Sheppard MPFs
interpretations of AFI 36-2107. In this era of achieving
congressionally mandated end strengths, it would a benefit to the
Air Force to allow him to separate from active duty on his
original ADSC date to the 97th Reserve Squadron. This will allow
him to fulfill his obligations to the Air Force and his civilian
employers.
In support of his appeal, the applicant submits copies of ADSC
briefing slides, electronic communications, personnel data SURFs,
and Establishment/Change of Officer ADSC Date Data.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of major (O-4). He is an F-15E Fighter Pilot with
prior experience in T-37 and T-38 aircrafts. He attended T-6
Pilot Instructor training in July 2010 and graduated in November
2010.
The remaining relevant facts, extracted from the applicants
military service records are contained in the advisory opinion
from the Air Force office of primary responsibility at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIP recommends denial. DPSIP states the applicant
received training into a different aircraft airframe from the one
he possesses, the T-6 Trainer. The applicant cites Air Force
Instruction (AFI) 36-2107, Active Duty Service Commitments, dated
22 April 2005, Table 1.1, Rule 16, Note 1b indicating he would
not incur an ADSC for advanced flying training which extends
beyond ten years of continuous or cumulative rated service.
However, according to the Incorporated Change-1 (IC-1), dated
25 November 2009, Note 1c, for rated officers who retrain into
another career field, aircraft airframe, and/or major weapons
system, they will incur the three-year ADSC even if it extends
beyond the officers tenth year of rated service.
The complete DPSIP evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 26 August 2011, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within 30 days
(Exhibit D). As of this date, this office has received no
response.
_________________________________________________________________
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 probable injustice. After reviewing
the applicants submission, a majority of the Board believes the
applicant was miscounseled by Military Personnel Flight personnel
that he would not incur any other service commitments for
attending Advance Flying Training that extended beyond his ten-
year UPT commitment. In this regard, we note the applicant
requested voluntary separation and made arrangements for civilian
employment and a Reserve assignment based on this erroneous
information. Therefore, in an effort to offset any possibility
of an injustice, the Board majority recommends the applicants
record be corrected as indicated below.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that his three-year
Active Duty Service Commitment (ADSC) he incurred for cross-
flowing into another aircraft airframe/weapons system be declared
void.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-02866 in Executive Session on 15 March 2012, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
By a majority vote, the Board recommended to grant the
application. XXX voted to deny the applicants request
but chose not to submit a minority report. The following
documentary evidence for AFBCMR Docket Number BC-2011-02866 was
considered:
Exhibit A. DD Form 149, dated 1 Aug 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIP, dated 18 Aug 11.
Exhibit D. Letter, SAF/MRBR, dated 26 Aug 11.
Panel Chair
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