RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01627
		INDEX CODE:  113.04

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His two-year Active Duty Service Commitment (ADSC) incurred as a result of his permanent change of station (PCS) from Tinker AFB, Oklahoma, to Sheppard AFB, Texas, on 30 Apr 01 be removed.

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APPLICANT CONTENDS THAT:

He was denied his right to pursue the Seven-Day Option, and he did not fully understand the information pertaining to this program.

In support of his appeal, the applicant provided an expanded statement, and documentation pertaining to his ADSC and reclassification.

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 20 Feb 02.  His Total Active Federal Military Service Date (TAFMSD) is 27 Oct 97.  His ADSC date is 29 Apr 03.

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 recommended denial, noting that the applicant was medically disqualified from Air Battle Manager duties on 1 Nov 00 and reclassified into the 65F Financial Management career field.  He was stationed at Tinker AFB at the time.  According to the applicant, he received assignment options for Brooks or Sheppard AFB on Mar 2001.  He accepted an assignment to Sheppard AFB and reported for duty on 30 Apr 2001.  He correctly incurred an ADSC of 29 Apr 03, in accordance with AFI 36-2107, Active Duty Service Commitments, IC  2001-1 (current version), Table 1.1, Rule 6.

AFPC/DPSFO indicated that officers who have the required retainability who do not want to participate in the event and/or do not want the associated ADSC, must report in person to the Military Personnel Flight (MPF) within seven calendar days of notification and must sign an AF Form 63, (Officer/Airman ADSC Acknowledgement Statement) for declination of ADSC and submit an application for separation or retirement, if eligible, under the Seven‑Day Option provisions.  They contacted the Tinker NCOIC of Outbound Assignments and she had no recollection of applicant’s situation.  They could not get a copy of the Personnel Data printout the applicant signed since they are maintained at the local level for only 90 days. According to AFI 36-2107, Active Duty Service Commitments, IC 2001-1, paragraph 2.10-1.2.2, the MPF commander briefs members on Seven-Day option, using the statements for ADSC declination.  On page two of the Notification of Selection for Reassignment Personnel Data printout in paragraph two, it clearly states that if an individual requires immediate counseling on any matters, they should contact Personnel Relocations.  AFPC/DPSFO stated that they did not know if the member overlooked this statement on the RIP or why he did not exercise his option to contact the MPF for further guidance on the Seven-Day Option.

AFPC/DPSFO noted the applicant’s allegation that the 552nd Training Squadron Commander would not entertain a Seven-Day Option and he blocked him from pursuing his right to elect the Seven-Day Option.  They contacted applicant’s former commander and he contended that as far as the standard AFPC and MPF assignment notification, his understanding was (and still is) that everything was in order, the applicant attended mandatory out-processing briefings at the MPF and accepted the assignment to Sheppard AFB.  They also contacted the applicant’s former section commander and she stated the applicant was never denied his right to Seven-Day Option.  There was no evidence to corroborate the applicant’s version of events that he was denied his right to pursue the Seven-Day Option. 

According to AFPC/DPSFO, the instrument to record official notification and acknowledgement of a PCS and ADSC for members (that are not retirement eligible) is the PCS Notification RIP.  They reviewed a notification of Selection for Reassignment RIP for an officer. On page two, paragraph three of the Personnel Data printout it clearly states:  “If you accept this assignment you will incur the following ADSCs for PCS:”  Then it listed the Continental United States (CONUS) to CONUS and CONUS to overseas choices.  Additionally, on page three of the printout, it clearly gives members an option to accept or decline the PCS and associated ADSC.  On page four of the printout, it states: “I understand my application for separation/retirement must be signed and submitted to the MPF within seven calendar days of the date notified by my commander of PCS selection.  I understand if I do not apply for separation or retirement and if I do not decline the ADSC in writing on AF Form 63, within the prescribed timeframe, I will be considered as having accepted the assignment and ADSC.”  The applicant signed/accepted the PCS assignment and accurately received a two-year ADSC.

In AFPC/DPSFO’s view, the evidence clearly indicated that the applicant was correctly notified of his rights and obligations.  He was properly assigned to his new duty station and his ADSC for this assignment was in accordance with Air Force policy.

A complete copy of the AFPC/DPSFO evaluation, with attachment, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 21 Jun 02 for review and response.  As of this date, no response has been received by this office (Exhibit C).

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant's complete submission was thoroughly reviewed and his contentions were duly noted.  However, we do not find the applicant’s assertions or the documentation submitted in support of his appeal sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility (OPR).  Therefore, in the absence of clear-cut evidence that the applicant’s ADSC date was erroneous, he was denied rights to which he was entitled, he was not properly advised, or that he was treated differently from similarly situated individuals, we agree with the recommendation of the OPR and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden of establishing that he has suffered either an error or an injustice.  Accordingly, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number 02-01627 in Executive Session on 14 Aug 02, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Apr 02, w/atchs.
    Exhibit B.  Letter, AFPC/DPSFO, undated.
    Exhibit C.  Letter, SAF/MRBR, dated 21 Jun 02.

                                   
                                   Panel Chair