RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03375 INDEX CODE: 113.04 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Active Duty Service Commitment (ADSC) be waived. _________________________________________________________________ APPLICANT CONTENDS THAT: He was medically disqualified from flying and subsequently removed from flight status and reassigned as a communications officer. While working with the military personnel flight (MPF) last year, he was under the impression that his ADSC had been lifted. He now wants to separate (while remaining in the Reserve) and attend law school this fall. In support of his appeal, the applicant provides a copy of AETC IMT 126A, Record of Commander's Review Action, a copy of AF IMT 1042, Medical Recommendation For Flying or Special Operational Duty, a letter from 314 OSS/OSF, and emails from the MPF. Applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ 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. His Total Active Federal Military Service Date (TAFMSD) is 28 May 2003. He has an ADSC of 23 June 2015. On 23 October 2003, the applicant signed AF Form 63, Active Duty Service Commitment (ADSC) Acknowledgement Statement, acknowledging a 10-year ADSC upon completion of Undergraduate Pilot Training (UPT). On 14 July 2005, the applicant signed AF Form 63, Active Duty Service Commitment (ADSC) Acknowledgement Statement, acknowledging a 3-year ADSC for Advanced Flying Training (AFT). On 24 April 2006, his commander signed an AETC IMT-126A, Record of Commander's Review Action, disenrolling the applicant from the Pilot Initial Qualification course due to being medically disqualified from flying duties by HQ AETC on 30 March 2006. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSO recommends denial and states the applicant successfully completed the training course and the appropriate ADSC for the course was incurred. The applicant may request a waiver of his ADSC in accordance with AFI 36-3207 or as an exception to Air Force policy if he wishes to separate from the Air Force prior to completing the ADSC. AFPC/DPSO's complete evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 7 November 2008 for review and comment within 30 days. As of this date, there has been no response received by this office. _________________________________________________________________ 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 an error or injustice. The applicant's complete submission was thoroughly reviewed and his contentions were duly noted. However, we do not find his 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 was erroneous or that he was treated differently than others similarly situated, we agree with the recommendation of the OPR and adopt its 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. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of probable 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 AFBCMR Docket Number BC-2008-03375 in Executive Session on 25 February 2009, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-03375 was considered: Exhibit A. DD Form 149, dated 9 Sep 08, w/atchs. Exhibit B. Letter, AFPC/DPSO, dated 29 Sep 08, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 7 Nov 08.