RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-00798 INDEX CODE:	113.04
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His active duty service commitment (ADSC) date be corrected to reflect July 2010.

APPLICANT CONTENDS THAT:
He believes he was miscounseled by multiple personnel at his original base, gaining unit, and the Air Force Personnel Center (AFPC), that he would not incur an ADSC beyond his initial commitment by accepting his assignment or attending any training. The miscounseling occurred in person, by e-mail, and by phone.

In support of his request, the applicant provided statements in his own behalf, copies of e-mails, and Special Orders.

The applicant's complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
The applicant attended the Predator Basic course ‘PREDPSOBC’ on or about 9 Oct 07 to 25 Jan 08. Records indicate he did not sign an AF Form 63, ADSC Acknowledgement Statement, prior to departing for training. His permanent change of station (PCS) orders show no ADSC listed at the time of his PCS move.

AFI, 36-2107, Active Duty Service Commitments (ADSC), paragraph 1.3.1, states, ‘‘Failure to complete an AF Form 63, or other prescribed documentation, does not relieve the member of the ADSC.’’

An AF Form 63 was automatically generated once the course was loaded in-system, after the applicant was already attending training. He contacted AFPC personnel and was counseled on the ADSC incurred for training.

AIR FORCE EVALUATION:
AFPC/DPS recommends denial of the request to remove the applicant’s three-year ADSC for the Predator basic course, and states that he may request a waiver of his ADSC in conjunction with separation in accordance with AFI 36-3207 or as an exception to policy, if he wishes to separate from the Air Force prior to completing the ADSC.

DPS states that the lack of ADSC documentation was due to the fact that the member’s advanced flying training course was not loaded into the military training database. Once the course is loaded into the database, the ADSC office (HQ AFPC/DPSOTES) is notified to generate and forward an AF Form 63 to the member. Since this action did not take place, the member was allowed to depart PCS without an ADSC listed for training.

DPS states AFPC/DPSOTES was contacted by the Predator functional area manager (FAM) with a list of over 100 members that did not have their ADSC’s updated for the ‘PREDPSOBC’ course. All affected members have had their advanced flying training ADSC’s retroactively updated.

The complete AFPC/DPS evaluation, with attachment, is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states he attempted numerous times to ensure his scheduled training and PCS move would not change his ADSC. Upon notification of his assignment to Nellis AFB, he spoke with military personnel flight (MPF) staff at Barksdale AFB, and advised them that if the assignment was going to extend him beyond his original ADSC, he was going to take the seven (7)-day option to leave the Air Force. He accepted the 24-month assignment (with an ADSC of 29 Jul 09), with assurance his original ADSC would not change in February 2007 and did not agree to any retroactive ADSC (26 Aug 2010).

He states the mass error does not affect any pilots but the very few that have an ADSC expiring in the next 18 months. His intention is to go PALACE Chase to the Texas Air National Guard where he would fly Predators, part-time. Changing his ADSC date will have no affect on Predator manning, as he will be doing the same mission permanently for the Texas Air National Guard, instead of completely leaving the military.

He states his reasons for joining the Texas Air National Guard are to be closer to his mother, as she has been diagnosed with breast cancer, and to take advantage of his wife’s job transfer to the Houston area.

He has served his country to the utmost of his ability for almost six years. He does not intend to make active duty a career but would like to fulfill his correct ADSC and then move on to the National Guard and other interests. He signed up until 11 Jul 2010 and would like that to be honored.

The applicant's complete response, with attachments, is at Exhibit D.

THE BOARD CONCLUDES THAT:
1.	The applicant has not 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 the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. While the applicant has presented evidence that Air Force officials confirmed his ADSC as July 2010, we find the explanation provided by AFPC/DPS that the ADSC confirmed was for his permanent change of station rather than the training he received reasonable. Although it appears the Air Force may have erred in not getting the applicant and other attendees to the predator training course to acknowledge the resulting ADSC, we believe the Air Force has a reasonable expectation to receive service in return for training it provides. It appears the applicant’s repeated inquiries regarding the accuracy of his ADSC were motivated by this. While we note the applicant’s contention he would have left the Air Force had he been advised of the proper ADSC, we do not find the evidence provided in this case sufficiently compelling to support recommending the relief requested. Therefore, we recommend his request be denied.

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 Docket Number BC- 2008-00798 in Executive Session on 8 October 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member 
Member

The following documentary evidence was considered for Docket Number BC-2008-00798:

Exhibit A.	DD Form 149, w/atchs, dated 1 Feb 08.
Exhibit B.	Memorandum, AFPC/DPS, w/atchs, dated 1 Aug 08. Exhibit C.	Letter, SAF/MRBR, dated 22 Aug 08.
Exhibit D.	Applicant’s Rebuttal, w/atchs, dated 21 Aug 08.