RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04772
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her Active Duty Service Commitment (ADSC) be changed from
16 Feb 15 to 9 Sep 14.
________________________________________________________________
APPLICANT CONTENDS THAT:
She volunteered for a Permanent Change of Station (PCS) to
Creech AFB, NV to fly the MQ-1 Predator unmanned aerial vehicle,
with the understanding that her PCS commitment would be in line
with her latest ADSC of 16 Sep 14, tied to her GI Bill benefit
transfer, and would not create a commitment extension. After
arriving at her new duty station, they were no longer training
initial students and they would have to get training from a
Temporary Duty (TDY) location, thus changing her class start
date from 27 Jun 11 to 15 Nov 11. This resulted in her ADSC
being extended to 16 Feb 15, five months more than she agreed
upon prior to her PCS. She would not have volunteered for the
assignment had she been aware of this information and would not
have incurred an additional five months on her ADSC. She
reluctantly signed the new training and ADSC paperwork because
she knew she would have incurred the commitment regardless of
her signature. Had she known that her training would be delayed
she would not have agreed to retrain to a new weapon system.
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).
On 22 Nov 10, the applicant acknowledged receipt of her PCS
assignment as well as her understanding of her ADSC associated
with accepting the assignment.
On 6 Dec 10, the applicant was issued PCS orders to her new
assignment at Creech AFB, NV with a Report No Later Than Date
(RNLTD) of 15 Jan 11. On 13 Jan 11, the applicant arrived at
her new duty station.
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.
In accordance with AFI 36-2107, Active Duty Service Commitments
(ADSC), Table 1.1, Rules 6 and 16, there is a two-year ADSC for
PCS (CONUS to CONUS) and a three-year ADSC for Advanced Flying
Training (AFT).
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIP recommends denial, indicating the applicant received,
acknowledged and agreed to accept and serve the ADSC for the
later training. She also had the option to accept or decline
the later training on the AF Form 63 in Section II. Instead,
she accepted the training and agreed to the ADSC that began upon
completion of the ADSC incurring event. As a result, her ADSC
was established to expire on 16 Feb 15. Nonetheless, the
assignment notification report on individual personnel (RIP) did
not reflect either ADSC outlined in AFI 36-2107 and should have.
On 12 Nov 10, the Total Force Service Center (TFSC) staff
transmitted an AF Form 63 to the Military Personnel Section
(MPS) at Peterson AFB, CO; however, a signed copy of the
acknowledgment statement was not returned. As a result, the
applicant transferred to the new assignment without the TFSC
receiving a completed AF Form 63. On 13 Sep 11, the TFSC
created another AF Form 63 for the applicant and transmitted it
to the new servicing MPS at Nellis AFB, NV. Unlike the first
form, this one had new training dates of 15 Nov 11 through
17 Feb 12. On 19 Sep 11, the applicant received and
acknowledged the ADSC and agreed to the new training dates.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 21 Dec 12 for review and comment within 30 days.
As of this date, no response has been received by this office
(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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice.
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-2012-04772 in Executive Session on 9 Jul 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Oct 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIP, dated 15 Nov 12, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 21 Dec 12.
Panel Chair
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