RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04561

XXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His Active Duty Service Commitment (ADSC) be changed from 14 DEC 2021 to 12 DEC 2020. 

APPLICANT’S CONTENTIONS

He incurred a 3-year ADSC to 14 Dec 2021 for attending WIC, which took effect on his 15 Dec 2018 course graduation date.  However, this is contrary to AFI 36-2107, Active Duty Service Commitments, dated 30 Apr 2012 (in effect when he accepted and entered WIC training): Table 1.1., Rule 17, Note 1b, “the following provisions apply: b. All manned or unmanned pilots…who began aviation service after 30 Sep 97 will not incur any additional Advanced Flying Training (AFT)/Instructor Qualification ADSCs which extend beyond 6 or 10 years.”  Therefore, his ADSC for WIC (currently 14 Dec 2021) should not have been extended beyond his 10-year Undergraduate Pilot Training (UPT) ADSC of 12 Dec 2020.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a major (O-4) in the Air Force.

On 18 Jun 2010, the applicant signed AF Form 63, Active Duty Service Commitment (ADSC) 
Acknowledgement Statement, and incurred a 10-year ADSC for UPT to 12 Dec 2020.

According to documents submitted by the applicant:

On 9 May 2018, he accepted WIC training by signing a Report on Individual Person (RIP).  The ADSC REQ (MONTHS) OFF: 0  AMN: 0 (IAW Apr 2012 AFI 36-2107 Table 1.1 Note 1b)

On 9 Jul 2018, he began the USAF Weapons Instructor Course, B-2 WIC, Course Number: AF-1704-0457 v2.  He graduated on 15 Dec 2018. 

In effect at the time the applicant accepted WIC training via the RIP signed 9 May 2018, AFI 36-2107, Active Duty Service Commitments, dated 30 Apr 2012, Table 1.1., Rule 17, Note 1b: “All manned or unmanned pilots, navigators, and air battle managers who began aviation service after 30 September 1997 will not incur any additional Advanced Flying Training (AFT)/Instructor Qualification ADSCs which extend beyond 6 or 10 years as applicable, of continuous or cumulative rated service.  

Virtual MPF Service Information reflects his WIC ADSC is 14 Dec 2021, and UPT ADSC is 12 Dec 2020.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

AFPC/DP2LT, recommends denying the applicant’s request to change his ADSC from 14 Dec 2021 to 12 Dec 2020.  The applicant attended the WIC, graduating 15 Dec 2018, incurring 3-year ADSC until 14 Dec 2021.  He contends that AFI 36-2107, dated 30 Apr 2012, Table 1.1, note 1b applies to his case because WIC should be considered an “Advanced Flying Training (AFT) course.” However, AFPC/DP2LT does not share this view.  While DP2LT does not have a definitive list that outlines every AFT course, they did request a “policy read” from AF/A1P, due to confusion surrounding the rule.  In response, AF/A1P, advised that AFPC/DP2LT was in fact executing the ADSC correctly.  In addition, the most recent version of AFI 36-2107, dated 22 Oct 2018, has been revised to no longer include the contested “note 1b.”  

Finally, while not a factor of the ADSC, the intent of the WIC program can be found in AFI 11-415, Weapons and Tactics Program, which indicates that graduates will be utilized in the 3 years following graduation in specific billets that require WIC training to ensure that the USAF gains the appropriate return on investment for the specialized training received.  

The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the Air Force evaluation to the applicant on 1 Apr 2020 for comment (Exhibit D), and the applicant replied on 7 Apr 2020.  In his response, the applicant contended the AFPC/DP2LT advisory opinion to deny his petition hinges on positions that have been successfully countered in multiple previous cases.  He lists six graduates from WIC classes preceding his that successfully had the remaining portion of their ADSC for WIC waived, because it extended beyond their initial UPT training ADSC.  He included personnel record excerpts of one of the aforementioned graduates showing his ADSC records before versus after the WIC ADSC was removed.  Regarding implementation of the revised AFI 36-2107, dated 22 Oct 2018, he provided copy of a 14 Aug 2018 email from AFPC/DP2ORC, Bomber Assignments, to commanders advising: “the implementation of the new AFI 36-2107 will begin for training notification that go out after 1 Nov 2018…If an assignment and training loaded before 1 Nov 2018, use the “old” ADSC guidance.”  In addition, he provided other documents and emails supporting his contentions.  

The applicant further states that AFPC has previously established precedent that WIC courses are considered AFTs.  He provides an e-mail from HQ AFPC/DP3DA, dated 6 Dec 2017, which includes a list of courses that are identified as AFTs.  On this list, eight flying weapons school courses are considered AFTs.  In addition, he provides other documents and e-mails that support his contentions.

The applicant’s complete response is at Exhibit E

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board notes the recommendation of AFPC/DP2LT against correcting the record; however, the Board finds a preponderance of the evidence substantiates the applicant’s contentions.  While the applicant did incur a 3-year ADSC to 14 Dec 2021 for attending WIC, the ADSC incurred appears inconsistent with the provision of AFI 36-2107 cited by the applicant.  In addition, the applicant provided several examples of other service members who have been in similar situations and had their ADSC dates corrected so as not to exceed their UPT ADSC.    Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that following his 15 December 2018 Weapons Instructor Course (WIC) graduation date, he incurred an active duty service commitment (ADSC) of 12 December 2020 rather than 14 December 2021.  

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2019-04561 in Executive Session on 30 Jun 20:

, Panel Chair 
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 23 Sep 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2LT, dated 24 Jan 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 1 Apr 2020.
Exhibit E:	Applicant’s response, dated 7 Apr 2020.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket number BC-2019-04561, as required by AFI 36-2603, paragraph 4.11.9.