RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01229
		INDEX CODE:  113.04

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Joint Specialized Undergraduate Pilot Training (JSUPT) Active Duty Service Commitment (ADSC) be reduced from ten (10) years to eight (8) years; and, that the start date of his ADSC be changed from Mar 01 to Jan 99.

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APPLICANT CONTENDS THAT:

When he began his flying training in May 97, his ADSC was eight years.  The delay between his removal from training in 1998 and subsequent reinstatement caused him to be placed under the 10‑year ADSC.  Since his removal from flying training in Oct 98 was unjust and was overturned by the AFBCMR, it would be an additional injustice for him to remain under the 10-year ADSC.  The start date for his ADSC should also be based on his original graduation date of Jan 99.

In support of his appeal, the applicant provided documentation pertaining to a previous AFBCMR decision and his ADSC.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) indicates that the applicant is currently serving on active duty in the grade of captain, having been promoted to that grade on 2 May 01.  His Total Active Federal Military Service Date (TAFMSD) is 9 May 97.

The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force.

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AIR FORCE EVALUATION:

AFPC/DPSFO noted that the applicant accepted training and signed for an eight-year ADSC (13 Jan 2007) in accordance with AFI 36‑2107, Active Duty Service Commitments and Specified Period of Time Contracts (SPTC), dated 6 Jul 94 (version in effect at the time), Table 1.4, Rule 6.  He was eliminated from UPT on 10 Nov 98 and correctly signed for a two-year commitment (30 Nov 2000), in accordance with AFI 36-2107, Table 1.8, Rule 11.  The applicant was reinstated to flying duties by the AFBCMR (Docket Number 99-00412) on 12 Aug 99.  He was cleared for flying duties and completed JSUPT on 30 Mar 2001 and correctly accepted a 10-year ADSC (29 Mar 11) in accordance with AFI 36‑2107, Active Duty Service Commitments, dated 1 Jun 2000 (version in effect at the time), Table 1.1, Rule 7.

AFPC/DPSFO stated that AFI 36-2107, dated 1 Jun 00, did in fact change the UPT/JSUPT commitment from eight years to 10 years effective 1 Jun 00 and he correctly received the 10‑year ADSC.  However, they indicated that they concur with the applicant’s belief that he unjustly received the 10-year UPT ADSC.  The applicant was originally counseled under the eight-year policy and it was not his fault the board reinstated him in to the 10‑year ADSC policy.  They agree it would be more appropriate for him to receive the eight-year ADSC.  However, they believe it should be applied beginning upon completion of his actual UPT graduation date (30 Mar 2001).  In their view, applying an eight-year ADSC to this date would be more appropriate than applying it to a projected graduation date.  According to AFPC/DPSFO, there are no provisions in the AFI to retroactively use a projected date.

AFPC/DPSFO noted the applicant’s contention regarding Aviator Career Incentive Pay (ACIP).  They indicated that they have no way of projecting ACIP eligibility or entitlements for 2007 and 2011, nor would it affect their recommendation for his appropriate UPT ADSC date.

A complete copy of the AFPC/DPSO evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response, the applicant indicated that his unjust removal from pilot training has had severe repercussions on his career.  Many of these repercussions cannot be remedied.  However, the 
length and start date of his ADSC and the implications it carries are within the Board’s authority to correct.

Applicant’s complete response is at Exhibit D.

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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 an injustice regarding the applicant’s request that his ADSC be reduced from 10 years to eight years.  Having carefully reviewed this application, we agree with the recommendation of AFPC/DPSFO and adopt their rationale as the basis for our decision that the applicant has been the victim of either an error or an injustice.  Accordingly, we recommend that the applicant’s records be corrected as set forth below.

4. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice concerning the applicant’s request that the start date of his ADSC be changed from Mar 01 to Jan 99.  We note that the applicant completed JSUPT on 30 Mar 01.  As a result, his ADSC commenced on that date.  He believes that had he not been removed earlier from flying training, he would have completed training in Jan 99.  However, there is nothing presented before us which guarantees that had not the applicant been removed from training, he would have completed his training in Jan 99.  As such, we agree with AFPC/DPSFO it is appropriate that his ADSC should begin on this date.  In view of the foregoing, and in the absence of sufficient evidence to the contrary, the applicant’s request is not favorably considered.

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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 (ADSC) incurred as a result of his completion of the Joint Specialized Undergraduate Pilot Training was established as eight years vice ten years.

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The following members of the Board considered AFBCMR Docket Number 02-01229 in Executive Session on 30 Jul 02, under the provisions of AFI 36-2603:

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

     Exhibit A.  DD Form 149, dated 15 Mar 02, w/atchs.
     Exhibit B.  Letter, AFPC/DPSFO, dated 7 Jun 02.
     Exhibit C.  Letter, SAF/MRBR, dated 14 Jun 02.
     Exhibit D.  Letter, applicant, dated 1 Jul 02.

AFBCMR 02-01229

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to , be corrected to show that his Active Duty Service Commitment (ADSC) incurred as a result of his completion of the Joint Specialized Undergraduate Pilot Training was established as eight years vice ten years.