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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