RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-01633
INDEX CODE: 115.02
COUNSEL: ANTHONY W. WALLUK
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reinstated into the Joint Specialized Undergraduate Pilot Training
(JSUPT).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not allowed to change flying “tracks” even though he was eligible
and well qualified for cross-track training into another airplane. There
is a precedent for cross-tracking and AETC policy permits such transfers.
He was and continues to be physically qualified for such training. The
impediment to his goal of being an Air Force pilot is an arbitrary
unwritten policy at AETC, which has been improperly applied in his case.
In support of his application, counsel submits a case brief, the
applicant’s personal statement, and copies of correspondence associated
with the issue under review.
A complete copy of the submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was appointed a second lieutenant, Reserve of the Air Force
on 21 Dec 91 and was voluntarily ordered to extended active duty on 16 Oct
92. He has been progressively promoted to the grade of captain, effective
and with a date of rank of 18 May 96. Information extracted from the
Personnel Data System (PDS) reveals that the applicant was assigned to
duties as a student in flying training, effective 8 Jun 96 and that he was
assigned to duties as a Weapons Systems Officer, effective 9 Mar 98.
The relevant facts pertaining to this application, extracted from the
applicant’s military records, are contained in the letters prepared by the
appropriate offices of the Air Force. Accordingly, there is no need to
recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Physical Standards, HQ AETC/SGPS, states that from a medical
standpoint SGPS can support a waiver request for the applicant to reenter
JSUPT in a low-G aircraft. The applicant appears to have mechanical low
back pain secondary to high-G forces and not due to a herniated nucleus
pulposus. The applicant would probably perform well in low-G aircraft.
SPGS indicates it has no problem recommending approval of the applicant’s
request. Should the Board grant the applicant’s request; the case should
be forwarded to HA AFMO/SGOA for final review authority (Exhibit C).
Chief, Undergraduate Flying Operations, HQ 19 AF/DOU, reviewed the case and
recommended denial. DOU states that due to the length of time the
applicant has been away from the military flying training environment, he
would have to start JSUPT from the beginning. This would require
completing either T-37 or T-34 training. Both of these aircraft require
maneuvering in the 4.5-6 G ranges, and whether his back is completely
healed, or may regress in the future, is purely a medical opinion.
DOU indicates the applicant was medically eliminated and that his cross-
tracking request received due consideration, therefore, DOU recommends the
applicant’s request for reinstatement into JSUPT be denied (Exhibit D).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluations and indicates that his
original appeal to AETC/IGQ was not fairly considered. The applicant
contends the advisory does not rebut his specific argument regarding cross-
track training, but makes general references to his documentation. The
applicant states that he has shown that the cross-tracking request did not
receive due consideration and that he has established that the original
medical consideration was incorrectly denied. He contends that all
documentation clearly established that he could reenter and complete flying
training at whatever stage the BCMR directs.
A complete copy of the applicant's rebuttal is at Exhibit F.
_________________________________________________________________
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 probable injustice. We are of the opinion that the Air
Force's decision not to allow the applicant cross-track training into a low-
G aircraft was an overly bureaucratic exercise of the rules. We took note
that the applicant excelled in his flying training until his medical
disqualification in high-G aircraft. In view of the time and monies the
Air Force has invested in the applicant' training, the current shortage of
pilots within the Air Force, and the willingness of AETC/SGPS from a
medical standpoint to support a waiver request for the applicant to reenter
JSUPT in a low-G aircraft training, we believe the best interests of the
Air Force would be served by allowing the applicant to continue his flying
training. Accordingly, the applicant’s records should be corrected in the
following manner.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that, provided he is otherwise eligible,
he be reinstated in Phase Joint Specialized Undergraduate Pilot Training
(JSUPT) on the earliest practicable date.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 24 October 2000, under the provisions of AFI 36-2603:
Ms. Patricia D. Vestal, Acting Panel Chair
Ms. Barbara J. White-Olson, Member
Mr. Daniel F. Wenker, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 May 00 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 26 Jun 00.
Exhibit D. Letter, 19AF/DOU, dated 14 Aug 00.
Exhibit E. Letter, SAF/MIBR, dated 25 Aug 00.
Exhibit F. Counsel's Rebuttal, undtd, w/atchs.
PATRICIA D. VESTAL
Acting Panel Chair
AFBCMR 00-01633
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, provided he is
otherwise eligible, he be reinstated in of Joint Specialized
Undergraduate Pilot Training (JSUPT) on the earliest practicable date.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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