RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04489 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His 10-year Active Duty Service Commitment (ADSC) of 23 Apr 2017 for Undergraduate Flying Training (UPT) be corrected to reflect 21 Nov 2013, his originally scheduled graduation date from Specialized Undergraduate Flying Training (SUPT), or in the alternative, his record be credited with some portion of time commensurate with losing three years of service while on administrative hold. ________________________________________________________________ APPLICANT CONTENDS THAT: He was falsely accused of a crime and removed from training on 8 Oct 2003 to face a court-martial. After three years, the case was dropped by the convening authority and he was returned to training the following week. The allegations delayed his training and derailed his career for over three years. He asks the Board to remedy this injustice and make him "whole" by putting him as close to the position he would have been had he never been placed on administrative hold for over three years. If his ADSC were revised to what it would have been prior to the false accusations, he would now be in a position to consider other career options such as serving in the Air National Guard or the Air Force Reserve. In addition, he will not be eligible for the pilot bonus when his peers are because the beginning of his SUPT ADSC was delayed. 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). The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility at Exhibit B. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIP recommends denial. DPSIP states that the applicant entered the United States Air Force Academy in 1998 as the class of 2002. On 30 Jul 1998, cadets graduating in 2002 were informed that they would incur a 10-year ADSC for SUPT, taking effect upon SUPT completion and award of aeronautical rating. On 10 Aug 1998, the applicant acknowledged the requirement of the 10-year commitment. He volunteered for UPT on 12 Mar 2002. His aeronautical rating was effective 24 Apr 2007, which resulted in an ADSC of 23 Apr 2017. The complete DPSIP evaluation, with attachments, is at Exhibit B. AFPC/JA recommends denial. JA states that they concur with the advisory written by AFPC/DPSIP, with respect to the facts and conclusions regarding the accuracy of the applicant's ADSC for his SUPT. However, JA states that the applicant does not dispute that calculation. Rather, he argues that not being given credit for the three years he was held in a long-term administrative hold status upon being removed from flying training to face court-martial charges constitutes an injustice. JA disagrees with his characterization that "his innocence is no longer in question," that he "was falsely accused due to no fault of my own," and that he "fought to clear my name." In fact, the court-martial never proceeded to adjudication on the merits; i.e., the applicant was never acquitted of rape and indecent assault. Rather, the charges were dismissed as the result of other issues unrelated to the applicant's guilt or innocence at trial. While JA is not suggesting that he was convicted of these charges, it is simply not accurate to state that his innocence is no longer in question or that he fought to clear his name. In other words, JA is not prepared to conclude that this time on administrative hold was not without justification. Consequently, JA recommends that the application be denied. The complete JA evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 6 Nov 2012, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). _____________________________________________________________ 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. 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 AFPC/DPSIT and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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 this application in Executive Session on 20 Jun 2013, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence was considered in AFBCMR BC- 2012-04489: Exhibit A. DD Form 149, dated 24 Sep 2012, w/atchs. Exhibit B. Letter, AFPC/DPSIP, dated 12 Oct 2012, w/atchs. Exhibit C. Letter, AFPC/JA, dated 25 Oct 2012. Exhibit D. Letter, SAF/MRBR, dated 6 Nov 2012.