RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01163 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The 6-year Active Duty Service Commitment (ADSC) he incurred for completing Unmanned Aircraft Systems Undergraduate Remote Pilot Aircraft Training course be changed to 3 years. APPLICANT CONTENDS THAT: In light of the Board’s decision with respect to cases (BC-2012- 02866, BC-2012-03821, and BC-2012-03929) he implores the Board to grant his request. AFI 36-2107, Active Duty Service Commitments (ADSC), dated 22 April 2005, which was in effect at the time of the Personnel Services Delivery Memorandum (PSDM) Beta release and application process states that initial qualification for any fixed, rotary wing aircraft will incur a 3-year ADSC. It did not mention an additional ADSC for unmanned aerial systems. On 16 June 2012, AFPC retroactively changed his ADSC to reflect a new 6-year commitment for which he was not counseled on or agreed to. At the time of his training, no documentation was provided acknowledging a 6-year ADSC. It is a grievous act for this commitment to be increased almost two years after he completed the training. He acknowledges that the (PSDM) announcement, states that individuals will incur a 6-year ADSC upon completion of training. However, he was informed, counseled, and assured by his losing Military Personnel Section (MPS) that he would receive a 3- year commitment at the completion of his training. His losing MPS did not present him with an AF Form 63, Active Duty Service Commitment Acknowledgment Statement, for the Undergraduate Remote Pilot Aircraft Training course, however, students from previous classes assigned to other bases did sign an AF Form 63. Upon completion of Unmanned Aircraft Systems (UAS) Fundamentals Course, he accepted a 3-year ADSC and subsequently signed an AF Form 63 with a 3-year ADSC. In support of his request, the applicant provides personal statements, copies of his AF Form 63, extracts from AFI 36-2107, and various other documents associated with his request. 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 applicant’s Notification of Selection of Reassignment, Report of Individual Person (RIP) dated 5 October 2010, Section II, paragraph 3b, indicates that he would incur an ADSC of 36 months, effective upon completion of training. The notification was signed by the applicant and his commander on 6 October 2010. The applicant’s AF Form 475, Education/Training Report, dated 11 March 2011, shows that he completed MQ-1B Initial Qualification and Requalification training on 25 February 2011. On 14 June 2012, via AF Form 63, the applicant declined a 6-year ADSC as it pertained to Undergraduate Remote Pilot Aircraft Training. AIR FORCE EVALUATION: AFPC/DPSIP recommends denial. The ADSC in effect for the UAS Beta Test Program at the time was and still is 6 years. Therefore, the applicant incurred and agreed to the 6-year ADSC at time of application. On 3 October 2008, AFPC/DPA announced a Beta Test Program for the UAS. Interested officers were informed that they had to meet certain requirements for consideration and once selected and upon successful completion of the program, they would incur a 6-year ADSC. AFPC recognizes the officers should have been provided an AF Form 63 which specifically indicated the 6- year ADSC requirement for this training. Unfortunately, in the early stages of the program, the corresponding support for updating the code in the Military Personnel Data System (MILPDS) was not yet available. As a result, some base personnel clerks did not provide members with accurate AF Forms 63 and in other cases, AF Forms 63 were not completed at all. The lack of accurate forms and the MILPDS update capability contributed to processing errors. The ADSC reference in AFI 36-2107, dated 22 April 2005, Table 1.1, Rule 16, indicates a 3-year ADSC is incurred for initial qualification. The rule applies to completion of the UP4AA and MQlIQR (initial qualification) courses. It does not speak to completion of the UP3AA course. The ADSC policy for the UAS Instrument Qualification Training (UP3AA) course as published in the “8106” message and selection letter is and always has been 6 years. Notwithstanding the fact that the applicant acknowledged he was part of the original Beta Test program as indicated in the 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, he should be held to it and remain on active duty according to the program he applied for. As part of ADSC management, AFPC routinely audits active duty records to identify potential errors and take appropriate action to correct them. One such audit revealed the applicant did not have the appropriate commitment or AF Form 63 on file. As a result, he was duly notified of the error and provided an AF Form 63 to acknowledge the ADSC. Instead of accepting the commitment, he chose to decline it. To this end, he was provided guidance regarding his right to petition the AFBCMR for redress should he choose. Notwithstanding, his declination, he was also informed that pending a decision from the Board, the corrected ADSC is binding. If the AFBCMR decision is to grant the relief sought, the record will be adjusted to reflect an ADSC expiration date of 24 Feb 14 to coincide with MQIIQR. The complete DPSIP evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: AFPC states that the ADSC in effect for the UAS has always been 6 years, however, the historical records indicate that AFPC changed the required ADSC after he participated in the program. AFI 36-2107, dated 22 April 2005, was superseded by the new AFI dated 30 April 2012, which added a rule for Undergraduate Remote Pilot Aircraft Training (Table 1.1, Rule 34) adding a 6-year ADSC. This rule was not added until over 2 years after his class confirmation date. He understands and acknowledges administrative mistakes are a common occurrence in establishing a new training program. However, two years to correct these errors is absolutely inexcusable. He has been working under a set of expectations that were clearly defined to him through the RIPs he signed and counseling by his squadron commander. To change the rules this late in the process is an injustice. Finally, the Board has ruled on several cases that mimic his case, thus establishing precedent for correcting his ADSC back to the original 3-year date of 24 February 2014. The applicant’s complete submission is at Exhibit E. 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 and the applicant’s complete submission, we believe that relief is warranted. While DPSIP indicates the ADSC for the UAS course is and has always been 6 years; it appears the applicant has submitted documentation supporting his contention that he signed a contract, in good faith, acknowledging the 3-year commitment. As such, we find it reasonable to believe the applicant would understand that his commitment was only for 3 years. In view of the above, we find the applicant was not properly counseled regarding the correct term of his commitment. Accordingly, in the interest of justice, we recommend the applicant’s record be corrected as set forth below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he incurred a 3- year Active Duty Service Commitment (ADSC) of 24 February 2014, rather than a 6-year ADSC of 24 February 2017, for completion of the Unmanned Aircraft Systems Undergraduate Remote Pilot Aircraft Training course. The following members of the Board considered this application in Executive Session on 12 March 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence pertaining to AFBCMR BC-2014-01163 was considered: Exhibit A. DD Form 149, dated 17 March 2014, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIP, dated 10 April 2014, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 30 May 2014. Exhibit E. Letter, Applicant, dated 9 June 2014.