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AF | BCMR | CY2013 | BC-2012-04489
Original file (BC-2012-04489.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04489 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His 10-year Active Duty Service Commitment (ADSC) of 23 Apr 
2017 for Undergraduate Flying Training (UPT) be corrected to 
reflect 21 Nov 2013, his originally scheduled graduation date 
from Specialized Undergraduate Flying Training (SUPT), or in the 
alternative, his record be credited with some portion of time 
commensurate with losing three years of service while on 
administrative hold. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was falsely accused of a crime and removed from training on 
8 Oct 2003 to face a court-martial. After three years, the case 
was dropped by the convening authority and he was returned to 
training the following week. The allegations delayed his 
training and derailed his career for over three years. He asks 
the Board to remedy this injustice and make him "whole" by 
putting him as close to the position he would have been had he 
never been placed on administrative hold for over three years. 
If his ADSC were revised to what it would have been prior to the 
false accusations, he would now be in a position to consider 
other career options such as serving in the Air National Guard 
or the Air Force Reserve. In addition, he will not be eligible 
for the pilot bonus when his peers are because the beginning of 
his SUPT ADSC was delayed. 

 

The applicant’s 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). 

 

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility at Exhibit B. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 


AFPC/DPSIP recommends denial. DPSIP states that the applicant 
entered the United States Air Force Academy in 1998 as the class 
of 2002. On 30 Jul 1998, cadets graduating in 2002 were 
informed that they would incur a 10-year ADSC for SUPT, taking 
effect upon SUPT completion and award of aeronautical rating. 
On 10 Aug 1998, the applicant acknowledged the requirement of 
the 10-year commitment. He volunteered for UPT on 12 Mar 2002. 
His aeronautical rating was effective 24 Apr 2007, which 
resulted in an ADSC of 23 Apr 2017. 

 

The complete DPSIP evaluation, with attachments, is at Exhibit 
B. 

 

AFPC/JA recommends denial. JA states that they concur with the 
advisory written by AFPC/DPSIP, with respect to the facts and 
conclusions regarding the accuracy of the applicant's ADSC for 
his SUPT. However, JA states that the applicant does not 
dispute that calculation. Rather, he argues that not being 
given credit for the three years he was held in a long-term 
administrative hold status upon being removed from flying 
training to face court-martial charges constitutes an injustice. 
JA disagrees with his characterization that "his innocence is no 
longer in question," that he "was falsely accused due to no 
fault of my own," and that he "fought to clear my name." In 
fact, the court-martial never proceeded to adjudication on the 
merits; i.e., the applicant was never acquitted of rape and 
indecent assault. Rather, the charges were dismissed as the 
result of other issues unrelated to the applicant's guilt or 
innocence at trial. While JA is not suggesting that he was 
convicted of these charges, it is simply not accurate to state 
that his innocence is no longer in question or that he fought to 
clear his name. In other words, JA is not prepared to conclude 
that this time on administrative hold was not without 
justification. Consequently, JA recommends that the application 
be denied. 

 

The complete JA evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

On 6 Nov 2012, copies of the Air Force evaluations were 
forwarded to the applicant 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 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 AFPC/DPSIT and adopt its rationale as the basis for our 
conclusion 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. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue(s) 
involved. Therefore, the request for a hearing is not favorably 
considered. 

 

________________________________________________________________ 

 

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 this application 
in Executive Session on 20 Jun 2013, under the provisions of AFI 
36-2603: 

 

 , Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered in AFBCMR BC-
2012-04489: 

 

 Exhibit A. DD Form 149, dated 24 Sep 2012, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIP, dated 12 Oct 2012, w/atchs. 

 Exhibit C. Letter, AFPC/JA, dated 25 Oct 2012. 

 Exhibit D. Letter, SAF/MRBR, dated 6 Nov 2012. 

 

 

 

 

 Chair 



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