RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: BC-2012- 03448 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His Flying Class I (FCI) physical, dated 27 November 2006, be corrected or removed from his record. Examiner’s Note: The applicant does not specifically state the manner in which he desires the FCI be corrected. ________________________________________________________________ _ APPLICANT CONTENDS THAT: His FCI physical, dated 27 November 2006, indicates disqualification for FCI, FCIA, and FCIII physicals due to color deficiency. During his FCI physical, he passed the color vision exam required of all FCI, FCIA, and FCIII applicants. Block 33 of his FCI physical indicates his passing scores. For reasons that were not explained, he was singled out and administered additional testing on the Rayleigh anomaloscope. This testing is not required of those who passed the initial color vision exam. In addition, no other military flying service utilizes this test. The medical examiners determined that, based on the results of this test, he had “moderate” Dueteranomalous color deficiency. The Flight Surgeon that recommended his disqualification indicated that “mild” disorders can receive a waiver; however, “moderate” disorders cannot. This same Flight Surgeon also acted as the second reviewer for his own recommendation, not allowing a second opinion. Over the past six years, he has struggled to obtain a fighting chance at specific career opportunities. Every time he has attempted, he has been denied career opportunities because of this erroneous exam. In 2007, at his own personal expense, he received a Federal Aviation Administration (FAA) medical certification and a private physician exam in order to obtain additional documentation to dispute the erroneous FCI results. There is no previous history of this hereditary deficiency in his family, which includes five Air Force pilots. Due to the significant uncertainty injected into this deficiency determination, and the fact that this 2006 FCI has restricted his career opportunities, he appeals to the Board to remove the contested exam from his record. 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 captain (O-3). The remaining relevant facts, extracted from the applicant’s military service record, are contained in the evaluation provided by the Air Force office of primary responsibility at Exhibit C. ________________________________________________________________ _ AIR FORCE EVALUATION: AFMOA/SGAT recommends denial. SGAT states the applicant’s 27 November 2006 examination indicates that he failed both a screening test for color vision deficiency and subsequently was diagnosed with moderate deuteranomalous by using the anomaloscope. The anomaloscope is the definitive “gold- standard” test for color vision deficiency and is administered to all flying training candidates who fail any of the color vision screening tests during Medical Flight Screening, both then and now. The applicant’s ability to now pass the screening tests for color deficiency does not negate his properly established color deficiency diagnosis. The applicant’s diagnosis of color deficiency was accurately established, and a diagnosis of any color deficiency is disqualifying (without a possibility of waiver) for FCI, FCIA, FCIII, Air Traffic Control (ATC), and Space and Missile Operation Duties (SMOD). The complete SGAT evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 24 September 2012, for review and comment within 30 days (Exhibit C). 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 and the applicant’s submission, we believe relief is warranted. The Board notes the comments of the Air Force office of primary responsibility, indicating the applicant has failed to sustain his burden of proof to substantiate his claim. However, we find that he has provided sufficient evidence raising into question the accuracy of his failed screening test for color deficiency. We note, he passed an FAA medical certification at his own expense in 2007, and again passed an Air Force color vision test on 27 July 2012. We believe these favorable test results cause doubt whether the failed color vision test was appropriately administered. Based on our recommended corrective action, the applicant will have an opportunity to undergo another FCI physical to clarify the asserted discrepancies in his eye exam. Therefore, we recommend the record be corrected as indicated below. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that his Flying Class I physical, dated 27 November 2006, be declared void and removed from his records. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2012-03448 in Executive Session on 8 May 2013, under the provisions of AFI 36-2603: , Vice Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence for AFBCMR Docket Number BC-2012- 03448 was considered: Exhibit A. DD Form 149, dated 6 Aug 12, with atchs. Exhibit C. Letter, AFMOA/SGAT, dated 17 Sep 12. Exhibit D. Letter, SAF/MRBR, dated 24 Sep 12. Vice Chair 2 3