RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02866 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His original Active Duty Service Commitment (ADSC) date of 14 February 2012 be reinstated. _________________________________________________________________ APPLICANT CONTENDS THAT: He was given an assignment to serve as a T-6 Instructor Pilot at Sheppard Air Force Base (AFB), Texas, in April 2010. Upon receiving this assignment he was given an Air Force Personnel Center brief through the Osan Air Base Force Support Squadron (FSS) and Military Personnel Flight (MPF) outbound assignments division. The brief referenced no other service commitments for advance flying training would be added to a member that extended beyond the ten-year Undergraduate Pilot Training (UPT) commitment. He accepted the assignment based on this information. He reported to Sheppard AFB in June 2010 and completed T-6 Pilot Instructor training in October 2010. Twelve months prior to his reported date of separation; he confirmed through the 82nd Fighter Wing FSS and the Sheppard AFB Chief of Personnel that his ADSC would expire in February 2012. Upon confirmation of this date, he positioned himself to separate from active duty. He spent several thousand dollars and countless hours on training and certifications to be competitive in the civilian work force. Additionally, he applied to the 97th Reserve Squadron with an availability date of no later than February 2012. On 3 May 2011, he received an automatic ADSC email update reflecting a new ADSC of October 2014. This ADSC was forwarded to the Sheppard AFB’s Chief of Personnel Relocations Office who, in turn, advised him it was in error in accordance with AFI 36-2107, Note 1b, and to continue pursuing a separation in February 2012. On 10 June 2011, he was the 76th person hired by FedEx from a pool of 13,500 applicants. On 30 June, he was hired by the 97th Reserve Squadron at Sheppard AFB. The same day, he received notification from AFPC that his ADSC would remain October 2014. On 6 July, he received a third automated ADSC to November 2013. He was an Intermediate Developmental Education (IDE) select major that made negative active duty career progression decisions based on the most competent data Osan AB and Sheppard AFB had to offer. He made the decision not to pursue IDE, to request Voluntary Separation Pay (VSP), and to not be retained in the Fiscal Year 2011 Reduction in Force (RIF). His family is now experiencing significant hardship and a capsizing of both his active duty Air Force career and civilian airline career due to the Osan AB and Sheppard MPF’s interpretations of AFI 36-2107. In this era of achieving congressionally mandated end strengths, it would a benefit to the Air Force to allow him to separate from active duty on his original ADSC date to the 97th Reserve Squadron. This will allow him to fulfill his obligations to the Air Force and his civilian employers. In support of his appeal, the applicant submits copies of ADSC briefing slides, electronic communications, personnel data SURFs, and Establishment/Change of Officer ADSC Date Data. The applicant’s 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). He is an F-15E Fighter Pilot with prior experience in T-37 and T-38 aircrafts. He attended T-6 Pilot Instructor training in July 2010 and graduated in November 2010. The remaining relevant facts, extracted from the applicant’s military service records are contained in the advisory opinion from the Air Force office of primary responsibility at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIP recommends denial. DPSIP states the applicant received training into a different aircraft airframe from the one he possesses, the T-6 Trainer. The applicant cites Air Force Instruction (AFI) 36-2107, Active Duty Service Commitments, dated 22 April 2005, Table 1.1, Rule 16, Note 1b indicating he would not incur an ADSC for advanced flying training which extends beyond ten years of continuous or cumulative rated service. However, according to the Incorporated Change-1 (IC-1), dated 25 November 2009, Note 1c, for rated officers who retrain into another career field, aircraft airframe, and/or major weapons system, they will incur the three-year ADSC even if it extends beyond the officer’s tenth year of rated service. The complete DPSIP evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 26 August 2011, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. _________________________________________________________________ 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 probable injustice. After reviewing the applicant’s submission, a majority of the Board believes the applicant was miscounseled by Military Personnel Flight personnel that he would not incur any other service commitments for attending Advance Flying Training that extended beyond his ten- year UPT commitment. In this regard, we note the applicant requested voluntary separation and made arrangements for civilian employment and a Reserve assignment based on this erroneous information. Therefore, in an effort to offset any possibility of an injustice, the Board majority recommends the applicant’s record be corrected as indicated below. _________________________________________________________________ RECOMMENDATION OF THE BOARD: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that his three-year Active Duty Service Commitment (ADSC) he incurred for cross- flowing into another aircraft airframe/weapons system be declared void. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-02866 in Executive Session on 15 March 2012, under the provisions of AFI 36-2603: , Panel Chair , Member , Member By a majority vote, the Board recommended to grant the application. XXX voted to deny the applicant’s request but chose not to submit a minority report. The following documentary evidence for AFBCMR Docket Number BC-2011-02866 was considered: Exhibit A. DD Form 149, dated 1 Aug 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIP, dated 18 Aug 11. Exhibit D. Letter, SAF/MRBR, dated 26 Aug 11. Panel Chair