RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02866
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Active Duty Service Date (ADSC) be changed from 7 Jun 16 to
9 Dec 13.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His ADSC for Undergraduate Remote Pilot Aircraft (RPA) training
be based on his AF Form 63, Active Duty Service Commitment (ADSC)
Acknowledgment Statement, dated 25 Jun 10.
He acknowledges the Personnel Services Delivery Memorandum (PSDM)
announcement calling for applications for training stated
individuals would incur a six-year ADSC upon completion of the
training. However, upon notification that he had been selected
for the training, he was informed and counseled the training
incurred a 36-month ADSC, which is contrary to the PSDM.
He accepted the training by signing training Reports of
Individual Personnel (RIPs) that reflected a 36-month ADSC and
subsequently signed an AF Form 63 with a three-year ADSC.
In support of his request, the applicant provides copies of his
training allocation RIPs.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from
the applicants military records, are contained in the letter
prepared by the appropriate office of the Air Force.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIP recommends denial, stating, in part, the ADSC in
effect for the Unmanned Aircraft System (UAS) has always been
six years. Therefore, the applicants ADSC was correctly
adjusted to reflect the six-year commitment following the
discovery via an ADSC audit.
The applicant was selected by the 16 Dec 09 USAF UAS Beta Test
Group Nomination Panel. Accordingly, local Military Personnel
Section (MPS) staffs were charged with counseling selected
officers on the six-year ADSC associated with the successful
completion of the UAS program. With that, he completed Initial
Flight Training, 21 Jan 24 Feb 10; Initial Qualification and
Requalification Training (MQIIQR), 20 Sep 10 Dec 10; UAS
Instrument Qualification Training (UP3AA), 5 Apr 8 Jun 10; and
UAS Fundamental Course (UP4AA), 9 Jun 9 Jul 10.
In order to apply, he had to follow the instructions outlined in
the Air Force message which clearly indicated a six-year
commitment following the award of the RPA rating. To that end,
AFPC recognizes he should have been provided an additional AF
Form 63, Active Duty Service Commitment (ADSC) Acknowledgement
Statement, upon completion of the UP3AA course to further confirm
acknowledgement of the six-year commitment.
The applicant highlights guidance in AFI 36-2107, Active Duty
Service Commitments (ADSC), as justification for establishing a
three-year vice six-year ADSC. The ADSC for this program was not
yet listed in AFI 36-2107 based upon its recent establishment.
However, the ADSC policy for the UP3AA course as published in the
8106 message and selection letter is and always has been six
years. Therefore, his ADSC following successful completion of
the UAS Program (UP3AA) expires 7 Jun 16.
AFPC acknowledges that he signed the AF Form 63 for the UP4AA
course on 25 Jun 10, reflecting a three-year commitment, and that
he did not sign a subsequent AF Form 63 following completion of
the UP3AA course. However, the fact that he did not sign another
AF Form 63 does not relieve him of the associated commitment.
The purpose of the Training Allocation Notification RIP and AF
Form 63 is to document acknowledgement of the ADSC; the RIP and
form are not the ADSC authorizing authority. The ADSC authority
was published via the 8106 message and selection letter, both of
which he was made aware. Therefore, his ADSC following
successful completion of the UAS Program (UP3AA) is correctly
annotated as 6 years and will expire on 7 Jun 16.
AFPC routinely audits active duty records to identify potential
errors and takes appropriate action to correct them. The audit
performed revealed that the applicant did not have a signed AF
Form 63 on file; he was notified of the error, and the Military
Personnel Data System (MilPDS) was correctly updated, and an AF
Form 63 was sent to him for acknowledgment.
The complete DPSIP evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
It is a grievous act for AFPC to change his commitment almost two
years after he completed the training. He was never counseled,
nor did he agree to a six-year ADSC.
AFPC acknowledges that he signed a RIP that did not reflect a
six-year ADSC. If the ADSC he incurred for his training was six
years then he accepted to enter training under inaccurate
information.
He viewed the RIPs he signed as contracts, and considered any
written and verbal communication he received prior to signing
them as null and void. It was his understanding the signed RIPs
was the acknowledgement that he agreed to enter the training he
was selected for.
His ADSC should be changed back to 3 years due to the fact he was
never formally notified of a six-year training commitment. He
was counseled by his squadron commander that he would incur a
three-year ADSC upon successfully completion of the program. The
AFPC memorandum dated 16 Dec 09 was not forwarded to him by the
MPS, his leadership, or AFPC either in written or verbal form.
If, in fact, the MPS was supposed to counsel officers selected
for the RPA Pilot BETA Test Program, then they failed to
accomplish this tasking.
AFPC is conveniently rewriting history to cover multiple errors
on their part which impacts over 40 graduates of this program.
They are holding him and other Beta graduates in 2009 and
2010 accountable to an ADSC in AFI 36-2107, which was written in
Apr 12. The previous version of the AFI did not account for the
RPA Pilot ADSC.
AFPC asserts the 8106 application message soliciting volunteers
for Unmanned Aircraft Systems Beta Test Program, is the ADSC
authority for the RPA Pilot Beta Test Program. In fact, it is
simply a message notifying qualified individuals of an
opportunity to apply for the program. To assert that this
solicitation should serve as binding authority over an ADSC over
any written and signed documentation is simply egregious. AFPC
is selectively applying part of the message to apply to his case.
This message does not specify a specific course.
AFPCs advisory opinion states that he did not sign an AF Form
63 for UP3AA UAS Instrument Qualification Course. He did sign
an AF Form 63 for this training in the Spring of 2010, despite
the fact that the RIP only indicated that he would incur an ADSC
of 0 months for completing the course. However, he was
informed by the Joint Base San Antonio MPS that the three-year
ADSC for the UP4AA UAS Fundamentals Course was rolled into the
UP3AA UAS Instrument Qualification Course. Unfortunately this
document (AF Form 63 for the UP3AA course) has been removed from
his personnel records, and he is unable to provide a copy to the
Board. The AF Form 63 he signed on 25 Jun 10 reflecting a three-
year commitment is for MQIIQR MQ-1 Initial Qualification
Training, not UP4AA UAS Fundamentals Course as stated in AFPCs
advisory opinion.
He has provided documentation from two RPA Beta Test Program
graduates that reflect a three-year ADSC for the UP3AA Course.
He understands and acknowledges that administrative mistakes are
common in establishing a new training program; however, for it to
take two years to correct this error is absolutely abhorrent. He
has been working under a set of expectations that were clearly
defined to him through his RIPs and counseling by his MPS. To
change the game this late in the process is both inconceivable
and unjust.
The applicant's complete response, with attachments, is at
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. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice warranting
corrective action. After a careful review of the available
evidence of record and the documentation submitted in the
applicants behalf, the Board majority is inclined to grant
relief. DPSIP indicates the current governing directive did not
reflect the ADSC for completion of the UP3AA course and the ADSC
is and has always been six years; nonetheless, it appears the
applicant signed the AF Form 63 as instructed, in good faith,
acknowledging the three-year commitment. As such, the Board
majority finds it reasonable to believe the applicant would
understand that his commitment was only for three years.
Further, the Board majority notes that errors similar to this one
do occur from time to time; however, they find the timeframe it
took to remedy this error constitutes an injustice to the
applicant. In view of the above, the Board majority finds the
applicant has met his burden of proof that he has suffered from
an error or an injustice, and that the requested relief should be
granted. Therefore, in the interest of justice, the Board
majority recommends the six-year ADSC of 7 Jun 16 be removed from
his record.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that he incurred a
three-year Active Duty Service Commitment (ADSC) of 9 Dec 13,
rather than a six-year ADSC of 7 Jun 16, for completion of the
Unmanned Aircraft System Instrument Qualification Training
course.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-02866 in Executive Session on 9 Apr 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
By a majority vote, the Board recommended approval of the
application. voted to deny the applicants request
and elected not to submit a minority report. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Jun 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIP, dated 20 Jul 12, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 7 Aug 12.
Exhibit D. Letter, Applicant, dated 4 Sep 12, w/atchs.
Panel Chair
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