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AF | BCMR | CY1998 | 9501123A
Original file (9501123A.doc) Auto-classification: Approved

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER:  95-01123
                             INDEX CODE:  110.00

                             COUNSEL:  NONE

                             HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reinstated on active duty to  complete  service  for  length  of
service retirement,  or  favorable  consideration  for  the  Voluntary
Separation Incentive/Special Separation Bonus (VSI/SSB).

_________________________________________________________________

RESUME OF CASE:

On 16 September 1996, the Board considered and denied a similar appeal
by the applicant.  A summary of the evidence considered by  the  Board
and the rationale for its decision is  set  forth  in  the  Record  of
Proceedings (Exhibit J).

On 20 May 1997, the applicant provided  additional  new  evidence  for
possible reconsideration of his application (Exhibit K).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Even though AFR 39-1 may not have been  changed  to  reflect  the  new
medical criteria for one to  be  qualified  to  crosstrain  into  AFSC
277XO, the responsibility of the  CBPO  was  to  ensure  that  he  was
qualified, both medically  and  otherwise,  to  be  allowed  to  begin
training into that AFSC.  Had  he  been  required  to  report  to  the
medical clinic to obtain medical qualification for the  crosstraining,
that clinic (having AFR 160-43) would have had to medically disqualify
him for such training based on the new medical criteria  contained  in
the Immediate Message Changes (IMC) since the clinic would  have  been
required to post the IMC to the basic regulation.

In further support of his appeal, he provided a letter from  the  USAF
Classification Branch, HQ AFPC/DPPAC (Exhibit K).

_________________________________________________________________

AIR FORCE EVALUATION:

Pursuant to  the  Board’s  request,  the  USAF  Classification  Change
Branch,  HQ  AFPC/DPPAC,  provided  an  additional  advisory   opinion
concerning the procedures used for ensuring personnel meet the minimum
qualifications for retraining.  DPPAC cited  the  sequence  of  events
concerning the applicant’s retraining into AFSC 277XO.   The  physical
qualification for space operations duty according to  AFR  160-43  was
added to AFR 39-1 as a mandatory entry requirement on 30  April  1992.
If AFR 160-43 had been reviewed and the IMC updated prior to receiving
the  member’s  application,  the  medical  facility  would  not   have
recommended retraining.  However, based on the entry  requirements  of
the specialty at the time, the proper procedures were followed by  the
Military Personnel Flight (MPF).  DPPAC stated  that  personnel  could
not have known about the change until approximately 15 March 1992 when
the change would  have  been  distributed.   The  applicant  had  long
departed and was working in his new AFSC (277XO).

DPPAC indicated that while it is true that if the medical facility had
been aware of the change to AFR 160-43, it would have been prudent not
to allow the applicant to retrain into AFSC 277XO.   However,  it  was
not until the applicant completed the initial skills training and  was
put into upgrade training at his permanent party base that his hearing
began to cause problems.  Personnel completed  the  retaining  actions
timely and within existing guidelines.

A complete copy of this evaluation is appended at Exhibit L.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  23
February 1998 for review and response.  As of this date,  no  response
has been received by this office (Exhibit M).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  Sufficient relevant evidence has been presented to demonstrate the
existence of probable injustice.   In earlier findings  in  the  case,
the Board determined that the evidence provided  was  insufficient  to
demonstrate the existence  of  probable  error  or  injustice.   After
reviewing the facts and circumstances of this case, we  are  persuaded
that a revision of the Board’s earlier determination is warranted.  We
noted that the applicant was disqualified from his  then-current  AFSC
(454XO) due to a hearing loss, with a physical profile of H3, and that
it was recommended he retrain into another AFSC.  The cited  Immediate
Message Change (IMC) to AFR  160-43,  dated  3  May  91,  changed  the
hearing requirement for AFSC 277XO from H3 to H2.  Subsequent to being
cleared for retraining, the applicant departed for training on 13  Dec
91.   It  is  our  opinion  that,  due  to  the  applicant’s   hearing
limitations, he should have been evaluated at a  medical  facility  to
ensure he met the hearing requirement in accordance with  the  updated
AFR 160-43.  Had the applicant been properly referred, he most  likely
would not have been recommended for retraining  in  the  277XO  career
field.  Inasmuch as the applicant was placed in an unjust position  by
the  processing  officials’  lack  of   attention   to   the   medical
requirements and  because  he  did  not  meet  the  hearing  standard,
approval of his entry into the 277XO career field was  an  error.   We
therefore believe the applicant should be returned to his former DAFSC
and offered the option of selecting a VSI or SSB election based  on  a
separation date of no later than 31 Dec 92.  In view of the foregoing,
we believe that the applicant’s  records  be  corrected  as  indicated
below.  We have noted  his  request  for  reinstatement  and,  in  the
absence of evidence refuting the voluntary nature  of  his  separation
from the Air Force, we do not find the information provided sufficient
to support approval of that form of extraordinary relief.

2.  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.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that:

      a.    He was awarded Air  Force  Specialty  Code  (AFSC)  454X4,
effective 1 February 1992.

      b.    He was not honorably discharged on 29 September 1992,  but
on that date, he continued to serve on active for the  convenience  of
the government.

      c.     He  be  offered  the  option  of  selecting  a  Voluntary
Separation Incentive (VSI)  or  a  Special  Separation  Benefit  (SSB)
election.

      d.    Based on his election of either the  VSI  or  SSB,  he  be
released from active duty on 31 December 1992, under the provisions of
AFR 39-10, Voluntary Release/Transfer to Another Service Component for
Early  Release  Program,  with  the   appropriate   reenlistment   and
separation codes.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 17 December 1998, under the provisions of AFI 36-
2603:

        Mr. Robert D. Stuart, Panel Chair
        Mr. Richard A. Peterson, Member
        Mr. Henry Romo Jr., Member

The following documentary evidence was considered:

   Exhibit J.  Record of Proceedings, dated 22 Nov 96.
   Exhibit K.  Letter from applicant, dated 20 Mar 97, and
             Letter, AFBCMR, dated 24 Apr 97.
   Exhibit L.  Letter from applicant, dated 20 May 97, w/atch.
   Exhibit M.  Letter, HQ AFPC/DPPAC, dated 4 Feb 98.
   Exhibit N.  Letter, AFBCMR, dated 23 Feb 98.




                             ROBERT D. STUART
                             Panel Chair



AFBCMR 95-01123
INDEX CODE:  110.00



MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that:

            a.   He was awarded Air Force Specialty Code (AFSC) 454X4,
effective 1 February 1992.

            b.   He was not honorably discharged on 29 September 1992,
but on that date, he continued to serve on active for the convenience
of the government.

            c.   He be offered the option of selecting a Voluntary
Separation Incentive (VSI) or a Special Separation Benefit (SSB)
election.

            d.   Based on his election of either the VSI or SSB, he be
released from active duty on 31 December 1992, under the provisions of
AFR 39-10, Voluntary Release/Transfer to Another Service Component for
Early Release Program, with the appropriate reenlistment and
separation codes.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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