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AF | BCMR | CY2012 | BC-2012-00471
Original file (BC-2012-00471.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

  RECORD OF PROCEEDINGS 

 
DOCKET NUMBER:  BC-2012-00471 
COUNSEL:  NONE 
HEARING DESIRED: NO 

IN THE MATTER OF: 
   
   
 
    
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
1.  His  10-year  Active  Duty  Service  Commitment  (ADSC)  be 
permanently changed to reflect an 8-year ADSC with an expiration 
date of 26 Jul 09. 
 
2. His Aviator Continuation Pay (ACP) be adjusted to reflect the 
two years that he would have been eligible to apply for.   
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
1.  His  AF  Form  1034,  Extended  Active  Duty  Agreement  (Officer 
Training  School  (OTS))  United  States  Air  Force  Reserve, that he 
signed  on  23  Aug  99  states  that  he  would  incur  an  8-year  ADSC 
upon the award of his aeronautical rating.  After the governing 
instructions changed the ADSC requirement for pilot training, he 
was  caught  in  the  middle  of  an  administrative  glitch  and  was 
forced to sign the new ADSC document.  This error not only made 
him  ineligible  for  the  FY09  ACP,  but  it  also  changed  his 
eligibility  to  retire  in  20  years.    With  the  10-year  ADSC,  he 
will be eligible to retire after serving 21 years and 11 months. 
 
2.  He  is  hoping  that  his  request  is  simple  to  fix  since  there 
were  two  other  cases  that  preceded  his  request  that  are 
practically identical as both officers attended OTS at the same 
time  he  did.    With  the  officer’s  permission,  he  provides  the 
previous BCMR case names and numbers.  He notes that one pilot 
from  each  OTS  class  was  selected  to  attend  Joint  Service  Unit 
Pilot Training (JSUPT) with the Navy while the rest attended Air 
Force  training.    He  was  the  one  pilot  from  his  class  that 
attended  JSUP;  this  is  the  only  thing  that  separates  his  case 
from the other two officers.  He was forced to sign a new 10-year 
ADSC  upon  completion  of  the  first  phase  of  training.    He  was 
“forced”  to  sign  the  paperwork  because  if  he  did  not  he  would 
fall under the declination statement on AF Form 63, Active Duty 
Service Commitment (ADSC) Acknowledgement Statement, which would 
mean that he would not be allowed to change duty stations and/or 
complete his pilot training, and possibly be separated from the 
Air Force.   
 

 
 

3.  He  states  that  AFPC  is  willing  to  provide  a  favorable 
recommendation on his behalf to have his records corrected once 
directed by the BCMR.   
 
In  support  of  his  request,  the  applicant  provides  e-mail 
communications, and copies of his ADSC and ACP paperwork. 
 
His 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 (0-4).   
 
On 21 Apr 99, the applicant signed AF Form 56,  Application  for 
Training Leading to a Commission in the United States Air Force.  
He  also  signed  the  additional  comments  or  explanations  section 
that  reflects  a  statement,  “I  HAVE  BEEN  BRIEFED  AND  UNDERSTAND 
THAT THE ACTIVE DUTY SERVICE COMMITMENT (ADSC) WILL BE 10 YEARS 
IF I ENTER UNDERGRADUATE PILOT TRAINING AFTER 01 OCT 99.” 
 
The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of the 
Air Force, which are at Exhibit D. 
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSIP  recommends  denial.    Although  the  Air  Force  policy 
changed,  which  reduced  the  ADSC  for  some  aviators,  it  did  not 
apply  to  officers  who  were  commissioned  through  OTS.    The 
applicant  was  commissioned  through  OTS;  therefore,  this  policy 
change did not apply to him.  Additionally, the ADSC in effect 
for UPT at that time was and still is 10 years.   
 
The complete DPSIP evaluation is at Exhibit C. 
 
AFPC/DPAO recommends denial.  They note that the applicant’s case 
is  different  than  the  other  cases  referred  to  because  he  was 
already a United States Navy veteran prior to entering OTS.  In 
this respect, the consequences of ADSCs were not new to him.  In 
1999, he initially signed a 10-year UPT ADSC during OTS and four 
months  later,  he  signed  one  for  eight  years.    In  Nov  00,  he 
signed AF Form 63 incurring the 10-year ADSC.  The applicant has 
not  provided  proof  that  “shocks  the  conscience”  that  shows  an 
injustice  occurred.    At  the  time  the  applicant  entered  the  Air 
Force he was satisfied with the ACP Agreement and accepted it in 
good  faith.    Further,  the  ACP  is  a  retention  tool  and  not  an 
entitlement.   
 
The complete DPAO evaluation, with attachments, is at Exhibit D. 

 

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_________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
A copy of the Air Force evaluation was forwarded to the applicant 
on 4 May 12 for review and comment within 30 days.  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.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate the existence of error or injustice.  We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinions and recommendations 
of  the  Air  Force  offices  of  primary  responsibility  and  adopt 
their  rationale  as  the  basis  for  our  conclusion  that  the 
applicant  has  not  been  the  victim  of  an  error  or  injustice.  
While  we  note  the  applicant’s  reference  to  the  previous  Board 
decisions on similar cases, as noted by the Air Force OPRs, the 
circumstances in those cases differ from the applicant.  Based on 
our review of the evidence of record, it appears the applicant’s 
ADSC and ACP entitlements were properly executed.  Therefore, we 
find  no  basis  to  recommend  granting  the  relief  sought  in  this 
application. 
 
_________________________________________________________________ 
 
THE BOARD DETERMINES THAT: 
 
The  applicant  be  notified  that  the  evidence  presented  did  not 
demonstrate  the  existence  of  material  error  or  injustice;  that 
the  application  was  denied  without  a  personal  appearance;  and 
that  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-2012-00471 in Executive Session on 30 Aug 12, under the 
provisions of AFI 36-2603: 
 

  Panel Chair 
  Member 
  Member 

 

3 

 
The  following  documentary  evidence  for  Docket  Number  BC-2012-
00471 was considered: 
 
    Exhibit A.  DD Form 149, dated, w/atchs. 
    Exhibit B.  Letter, AFPC/DPSIP, dated 5 Mar 12. 
    Exhibit C.  Letter, AFPC/DPAO, dated 24 Apr 12. 
    Exhibit D.  Letter, SAF/MRBR, dated 4 May 12. 
 
 
 
 
                                     
                                   Panel Chair 
 

 

4 



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