RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03929
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Active Duty Service Commitment (ADSC) be changed from 7 Jun
16 to 7 Jun 13.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His ADSC incurred for the Introductory Flight Screening (IFS),
Unmanned Aircraft Systems (UAS) Instrument Qualification Course
(IQC) and UAS Fundamentals Course (UFC); which collectively is
now known as Undergraduate Remote Pilot Aircraft (RPA) Pilot
Training (URPT), changed back from six years to three years.
He acknowledges that the Personnel Services Delivery Memorandum
(PSDM) announcement, states that individuals will incur a six-
year ADSC upon completion of training. However, he did not enter
the program based on an announcement message, and was unaware of
its existence or the requirements at the time.
He was notified of his selection for the BETA III RPA training,
and was informed and counseled based on his training allocation
notification Reports of Individual Personnel (RIPs), that this
training incurred a 36-month ADSC.
He accepted the training by signing the training allocation RIPs
that reflected a 36-month ADSC and subsequently signed an AF Form
63, Active Duty Service Commitment (ADSC) Acknowledgement
Statement 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 Dec 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.
He summarizes the facts as indicated below:
1) The Assignment Training Allocation RIPs that he signed
acknowledging his acceptance to enter all forms of RPA training
reflect a three-year ADSC.
2) When he signed his RIPs he was counseled that he would incur
a three-year ADSC upon successful completion of the training. He
did not receive written or verbal notification of a six-year
commitment until his ADSC was changed.
3) Upon successful completion of RPA training, he was presented
with a 3-year ADSC, which was signed 25 Dec 10.
He was counseled by his MPS that he would incur a three-year ADSC
upon successful completion of the RPA Pilot Beta Test Program.
It is AFPCs assertion that the 16 Dec 09 memorandum served as
formal notification; however, if this is true, then it should
have been addressed to the individuals or properly reflected in
the RIPs and ADSCs provided by the MPS.
AFPC is selectively applying documentation to cover multiple
errors on their part which impacts over 40 graduates of this
program. AFPC is 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.
He signed an AF Form 63 for the training on 25 Dec 10, despite
the fact the RIP only indicated that he would incur an ADSC of
0 months for completing the course. The AF Form 63 he signed
on 25 Dec 10 reflecting a three-year ADSC was for MQ11QR MQ-1
Initial Qualification Training, not UP4AA UAS Fundamentals
Course as stated in the AFPC advisory opinion.
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. While DPSIP indicates
the AF Form 63 serves only to make a member aware of the
commitment, it is clearly the only commitment he was required to
sign. 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 7 Jun 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-2012-03929 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 2 Aug 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIP, dated 21 Sep 12, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 15 Oct 12.
Exhibit D. Letter, Applicant, dated 24 Oct 12, w/atchs.
Panel Chair
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