RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01807 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His Active Duty Service Commitment (ADSC) be changed from 72 months to 36 months. ________________________________________________________________ _ APPLICANT CONTENDS THAT: 1. He was part of the second beta class for Remote Pilot Training (RPA) pilot pipeline. Because this was a test program, the Air Force had not formalized the program at that point. The members of the test program were given 36 month ADSCs. The Deputy Chief of Staff for Operations, Plans, and Requirements, declared the first Undergraduate RPA Training (URT) would begin Oct 10, a full 6 months after his graduation date. 2. He was formally notified and advised that he would have a 36 month ADSC for attending UP3AA. He received a training Report on Individual Personnel (RIP) and AF Form 63, Active Duty Service Commitment (ADSC) Acknowledgement Statement, which he agreed to and signed for on 15 Dec 09. AFI 36-2107, Active Duty Service Commitment, dated 22 Apr 05 was superseded by the new AFI dated 30 Apr 12, which added “a rule for Undergraduate Remote Pilot Training (URPT) (Table 1.1, Rule 34)” adding a 6 year ADSC. This rule was not added until 2 years and 4 months after his class confirmation date. In support of his request, the applicant provides a copy of his AF Form 63. His complete submission, with attachment, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant is currently serving on active duty in the grade of first lieutenant. The applicant’s AF Form 63, dated 18 Jun 09, reflects that he committed to a 3 year ADSC. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which is at Exhibit C, D and E. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPAL recommends denial. The original solicitation message stated that individuals will incur a 6 year ADSC upon completion of training. The applicant was aware of his commitment when he volunteered for RPA training. However, the applicant signed AF Form 63, which incorrectly advises him that he would incur a 3 year ADSC. The most glaring error was when the Military Personnel Squadrons (MPS) erroneously entered aviators into 3 year RPA ADSCs. AFPC/DPAOT advised AFPC ADSC Policy Shop that the individuals who signed AF Form 63 for 3 years must have the ADSC changed to 6 years. The applicant completed U-P3A-A Undergraduate Unmanned Aircraft Systems (UAS) Instrument Qualification (UIQ) Course, which should have given him a 6 year ADSC. The MPSs were not aware that the 3 year ADSC under Rule 16 was for rated pilots who were crossing over to USA (RPA) aircraft and not those who were non-rated or rated aviators like combat system officer or air battle managers. The complete DPAL evaluation, with attachments, is at Exhibit C. AFPC/DPSIP recommends denial. The applicant notes the AFI establishes a 3 year ADSC rather than a 6 year ADSC as his justification. However, the rule applies to completion of the UP4AA and MQ11QR (initial qualification) courses. It does not speak to completion of the UP3AA course, which is required to earn the RPA rating. The ADSC policy for the UP3AA course as published in the 8106 message and selection letter is and always has been 6 years. Notwithstanding, he acknowledges he was part of the original Beta Test program as indicated in the 8106 message and selection letter. The fact that he received and signed the incorrect commitment should not relieve him of the correct commitment. The ADSC authority was published via the message and letter; therefore, the applicant should be held to the 6 year ADSC. The complete DPSIP evaluation, with attachments, is at Exhibit D. AFPC/JA recommends denial. While completion represents prima facie evidence of what ADSC the officer agreed to, it is not always absolute in ultimately determining an officer’s ADSC. The applicant was a member of the first test class of a new training course with a new ADSC for a new career field, UAS operator, and all of the paperwork announcing the program, and particularly the paperwork acknowledged by each member of the class, made clear that the ADSC for this training would be 6 years. However, the ADSC was not yet incorporated into the appropriate table in AFI 36-2107. When members signed AF Form 63, some military personnel clerks erroneously annotated the form with the ADSC for UP4AA and MQ11QR courses, 3 years, instead of the proper 6 year ADSC. The complete JA evaluation is at Exhibit E. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 7 Aug 13 for review and comment within 30 days. 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 error or injustice. After a thorough review of the evidence of record, we believe the applicant’s ADSC should be changed to 36 months. It appears the applicant was formally notified that he would incur a 36-month ADSC by signing an AF Form 63, Active Duty Service Commitment (ADSCC) Acknowledgement Statement, agreeing to the 36-month ADSC. Therefore, we find it reasonable to conclude the applicant anticipated a 36-month ADSC. We took note of the differing recommendations, however, we agree with the AFPC/DPAL recommendation to adjust his ADSC to 27 Oct 12 which is three (3) years from the date of his completion of Unmanned Aircraft System Instrument Qualification Training (UP3AA) course. Therefore, we recommend his records be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that his Active Duty Service Commitment was established as 27 October 2012, rather than 27 October 2015, as a result of his completion of the Unmanned Aircraft System Instrument Qualification Training (UP3AA). ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-01807 in Executive Session on 7 Jan 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 Apr 13, w/atchs. Exhibit C. Letter, AFPC/DPAL, undated. Exhibit D. Letter, AFPC/DPSIP, dated 15 Jul 13. Exhibit E. Letter, AFPC/JA, dated 25 Jul 13. Exhibit F. Letter, SAF/MRBR, dated 7 Aug 13. 4 5