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AF | BCMR | CY2000 | 0001633
Original file (0001633.doc) Auto-classification: Approved

                            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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