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AF | BCMR | CY2013 | BC-2013-01807
Original file (BC-2013-01807.txt) Auto-classification: Approved
			
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01807
		COUNSEL:  NONE
		HEARING DESIRED: NO

	 

________________________________________________________________
_

APPLICANT REQUESTS THAT:

His Active Duty Service Commitment (ADSC) be changed from 
72 months to 36 months.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

1. He was part of the second beta class for Remote Pilot 
Training (RPA) pilot pipeline.  Because this was a test program, 
the Air Force had not formalized the program at that point.  The 
members of the test program were given 36 month ADSCs.  The 
Deputy Chief of Staff for Operations, Plans, and Requirements, 
declared the first Undergraduate RPA Training (URT) would begin 
Oct 10, a full 6 months after his graduation date.

2. He was formally notified and advised that he would have a 
36 month ADSC for attending UP3AA.  He received a training 
Report on Individual Personnel (RIP) and AF Form 63, Active Duty 
Service Commitment (ADSC) Acknowledgement Statement, which he 
agreed to and signed for on 15 Dec 09.  AFI 36-2107, Active Duty 
Service Commitment, dated 22 Apr 05 was superseded by the new 
AFI dated 30 Apr 12, which added “a rule for Undergraduate 
Remote Pilot Training (URPT) (Table 1.1, Rule 34)” adding a 6 
year ADSC.  This rule was not added until 2 years and 4 months 
after his class confirmation date.

In support of his request, the applicant provides a copy of his 
AF Form 63.

His complete submission, with attachment, is at Exhibit A. 

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade 
of first lieutenant.  

The applicant’s AF Form 63, dated 18 Jun 09, reflects that he 
committed to a 3 year ADSC.

The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force, which is at Exhibit C, D and E.

________________________________________________________________
_

AIR FORCE EVALUATION:

AFPC/DPAL recommends denial.  The original solicitation message 
stated that individuals will incur a 6 year ADSC upon completion 
of training.  The applicant was aware of his commitment when he 
volunteered for RPA training.  However, the applicant signed AF 
Form 63, which incorrectly advises him that he would incur a 
3 year ADSC.  The most glaring error was when the Military 
Personnel Squadrons (MPS) erroneously entered aviators into 
3 year RPA ADSCs.  AFPC/DPAOT advised AFPC ADSC Policy Shop that 
the individuals who signed AF Form 63 for 3 years must have the 
ADSC changed to 6 years.  The applicant completed U-P3A-A 
Undergraduate Unmanned Aircraft Systems (UAS) Instrument 
Qualification (UIQ) Course, which should have given him a 6 year 
ADSC.  The MPSs were not aware that the 3 year ADSC under Rule 
16 was for rated pilots who were crossing over to USA (RPA) 
aircraft and not those who were non-rated or rated aviators like 
combat system officer or air battle managers.  

The complete DPAL evaluation, with attachments, is at Exhibit C.

AFPC/DPSIP recommends denial.  The applicant notes the AFI 
establishes a 3 year ADSC rather than a 6 year ADSC as his 
justification.  However, the rule applies to completion of the 
UP4AA and MQ11QR (initial qualification) courses.  It does not 
speak to completion of the UP3AA course, which is required to 
earn the RPA rating.  The ADSC policy for the UP3AA course as 
published in the 8106 message and selection letter is and always 
has been 6 years.  Notwithstanding, he acknowledges he was part 
of the original Beta Test program as indicated in the 8106 
message and selection letter.  The fact that he received and 
signed the incorrect commitment should not relieve him of the 
correct commitment.  The ADSC authority was published via the 
message and letter; therefore, the applicant should be held to 
the 6 year ADSC.

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

AFPC/JA recommends denial.  While completion represents prima 
facie evidence of what ADSC the officer agreed to, it is not 
always absolute in ultimately determining an officer’s ADSC.  
The applicant was a member of the first test class of a new 
training course with a new ADSC for a new career field, UAS 
operator, and all of the paperwork announcing the program, and 
particularly the paperwork acknowledged by each member of the 
class, made clear that the ADSC for this training would be 6 
years.  However, the ADSC was not yet incorporated into the 
appropriate table in AFI 36-2107.  When members signed AF Form 
63, some military personnel clerks erroneously annotated the 
form with the ADSC for UP4AA and MQ11QR courses, 3 years, 
instead of the proper 6 year ADSC.  

The complete JA evaluation is at Exhibit E.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 7 Aug 13 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.  Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  After a 
thorough review of the evidence of record, we believe the 
applicant’s ADSC should be changed to 36 months.  It appears the 
applicant was formally notified that he would incur a 36-month 
ADSC by signing an AF Form 63, Active Duty Service Commitment 
(ADSCC) Acknowledgement Statement, agreeing to the 36-month 
ADSC.  Therefore, we find it reasonable to conclude the 
applicant anticipated a 36-month ADSC. We took note of the 
differing recommendations, however, we agree with the AFPC/DPAL 
recommendation to adjust his ADSC to 27 Oct 12 which is three 
(3) years from the date of his completion of Unmanned Aircraft 
System Instrument Qualification Training (UP3AA) course.  
Therefore, we recommend his records be corrected as indicated 
below.

________________________________________________________________
_

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show that his Active 
Duty Service Commitment was established as 27 October 2012, 
rather than 27 October 2015, as a result of his completion of 
the Unmanned Aircraft System Instrument Qualification Training 
(UP3AA).  

________________________________________________________________
_

The following members of the Board considered AFBCMR Docket 
Number BC-2013-01807 in Executive Session on 7 Jan 14, under the 
provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

All members voted to correct the records, as recommended.  The 
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Apr 13, w/atchs.
    Exhibit C.  Letter, AFPC/DPAL, undated.
    Exhibit D.  Letter, AFPC/DPSIP, dated 15 Jul 13.
    Exhibit E.  Letter, AFPC/JA, dated 25 Jul 13.
    Exhibit F.  Letter, SAF/MRBR, dated 7 Aug 13.




                                   
                                   Panel Chair









4




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