RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01163
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The 6-year Active Duty Service Commitment (ADSC) he incurred for
completing Unmanned Aircraft Systems Undergraduate Remote Pilot
Aircraft Training course be changed to 3 years.
APPLICANT CONTENDS THAT:
In light of the Boards decision with respect to cases (BC-2012-
02866, BC-2012-03821, and BC-2012-03929) he implores the Board to
grant his request.
AFI 36-2107, Active Duty Service Commitments (ADSC), dated
22 April 2005, which was in effect at the time of the Personnel
Services Delivery Memorandum (PSDM) Beta release and application
process states that initial qualification for any fixed, rotary
wing aircraft will incur a 3-year ADSC. It did not mention an
additional ADSC for unmanned aerial systems.
On 16 June 2012, AFPC retroactively changed his ADSC to reflect a
new 6-year commitment for which he was not counseled on or agreed
to. At the time of his training, no documentation was provided
acknowledging a 6-year ADSC. It is a grievous act for this
commitment to be increased almost two years after he completed the
training. He acknowledges that the (PSDM) announcement, states
that individuals will incur a 6-year ADSC upon completion of
training. However, he was informed, counseled, and assured by his
losing Military Personnel Section (MPS) that he would receive a 3-
year commitment at the completion of his training.
His losing MPS did not present him with an AF Form 63, Active Duty
Service Commitment Acknowledgment Statement, for the Undergraduate
Remote Pilot Aircraft Training course, however, students from
previous classes assigned to other bases did sign an AF Form 63.
Upon completion of Unmanned Aircraft Systems (UAS) Fundamentals
Course, he accepted a 3-year ADSC and subsequently signed an AF
Form 63 with a 3-year ADSC.
In support of his request, the applicant provides personal
statements, copies of his AF Form 63, extracts from AFI 36-2107,
and various other documents associated with his request.
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).
The applicants Notification of Selection of Reassignment, Report
of Individual Person (RIP) dated 5 October 2010, Section II,
paragraph 3b, indicates that he would incur an ADSC of 36 months,
effective upon completion of training. The notification was
signed by the applicant and his commander on 6 October 2010.
The applicants AF Form 475, Education/Training Report, dated
11 March 2011, shows that he completed MQ-1B Initial Qualification
and Requalification training on 25 February 2011.
On 14 June 2012, via AF Form 63, the applicant declined a 6-year
ADSC as it pertained to Undergraduate Remote Pilot Aircraft
Training.
AIR FORCE EVALUATION:
AFPC/DPSIP recommends denial. The ADSC in effect for the UAS Beta
Test Program at the time was and still is 6 years. Therefore, the
applicant incurred and agreed to the 6-year ADSC at time of
application. On 3 October 2008, AFPC/DPA announced a Beta Test
Program for the UAS. Interested officers were informed that they
had to meet certain requirements for consideration and once
selected and upon successful completion of the program, they would
incur a 6-year ADSC. AFPC recognizes the officers should have
been provided an AF Form 63 which specifically indicated the 6-
year ADSC requirement for this training. Unfortunately, in the
early stages of the program, the corresponding support for
updating the code in the Military Personnel Data System (MILPDS)
was not yet available. As a result, some base personnel clerks
did not provide members with accurate AF Forms 63 and in other
cases, AF Forms 63 were not completed at all. The lack of
accurate forms and the MILPDS update capability contributed to
processing errors.
The ADSC reference in AFI 36-2107, dated 22 April 2005, Table 1.1,
Rule 16, indicates a 3-year ADSC is incurred for initial
qualification. The rule applies to completion of the UP4AA and
MQlIQR (initial qualification) courses. It does not speak to
completion of the UP3AA course. The ADSC policy for the UAS
Instrument Qualification Training (UP3AA) course as published in
the 8106 message and selection letter is and always has been
6 years. Notwithstanding the fact that the applicant acknowledged
he was part of the original Beta Test program as indicated in the
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, he should be held to it and remain on active
duty according to the program he applied for.
As part of ADSC management, AFPC routinely audits active duty
records to identify potential errors and take appropriate action
to correct them. One such audit revealed the applicant did not
have the appropriate commitment or AF Form 63 on file. As a
result, he was duly notified of the error and provided an AF Form
63 to acknowledge the ADSC. Instead of accepting the commitment,
he chose to decline it. To this end, he was provided guidance
regarding his right to petition the AFBCMR for redress should he
choose. Notwithstanding, his declination, he was also informed
that pending a decision from the Board, the corrected ADSC is
binding.
If the AFBCMR decision is to grant the relief sought, the record
will be adjusted to reflect an ADSC expiration date of 24 Feb 14 to
coincide with MQIIQR.
The complete DPSIP evaluation, with attachments, is at Exhibit C.
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
AFPC states that the ADSC in effect for the UAS has always been
6 years, however, the historical records indicate that AFPC
changed the required ADSC after he participated in the program.
AFI 36-2107, dated 22 April 2005, was superseded by the new AFI
dated 30 April 2012, which added a rule for Undergraduate Remote
Pilot Aircraft Training (Table 1.1, Rule 34) adding a 6-year ADSC.
This rule was not added until over 2 years after his class
confirmation date.
He understands and acknowledges administrative mistakes are a
common occurrence in establishing a new training program.
However, two years to correct these errors is absolutely
inexcusable. He has been working under a set of expectations that
were clearly defined to him through the RIPs he signed and
counseling by his squadron commander. To change the rules this
late in the process is an injustice. Finally, the Board has ruled
on several cases that mimic his case, thus establishing precedent
for correcting his ADSC back to the original 3-year date of
24 February 2014.
The applicants complete submission is at Exhibit E.
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 and the applicants complete submission, we
believe that relief is warranted. While DPSIP indicates the ADSC
for the UAS course is and has always been 6 years; it appears the
applicant has submitted documentation supporting his contention
that he signed a contract, in good faith, acknowledging the 3-year
commitment. As such, we find it reasonable to believe the
applicant would understand that his commitment was only for
3 years. In view of the above, we find the applicant was not
properly counseled regarding the correct term of his commitment.
Accordingly, in the interest of justice, we recommend the
applicants record be corrected as set forth below.
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 3-
year Active Duty Service Commitment (ADSC) of 24 February 2014,
rather than a 6-year ADSC of 24 February 2017, for completion of
the Unmanned Aircraft Systems Undergraduate Remote Pilot Aircraft
Training course.
The following members of the Board considered this application in
Executive Session on 12 March 2015, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the record as recommended. The
following documentary evidence pertaining to AFBCMR BC-2014-01163
was considered:
Exhibit A. DD Form 149, dated 17 March 2014, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIP, dated 10 April 2014, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 30 May 2014.
Exhibit E. Letter, Applicant, dated 9 June 2014.
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