ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 95-03402
INDEX CODE: 134.02
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Air Training Command (ATC) Form 126A, Record of Commander’s Review
Action, dated 2 September 1993, reflecting his self-initiated
elimination (SIE) from the United States Air Force Academy (USAFA) T-
41 Pilot Indoctrination Program (PIP) be removed from his records;
that he be provided an age waiver to apply for Undergraduate Flying
Training (UFT); and that he be provided a waiver of the requirement of
five years of total active federal commissioned service (TAFCS).
_________________________________________________________________
APPLICANT CONTENDS THAT:
A misunderstanding during training on a make-up test date caused him
to retake the test before he was ready and he failed again. The
situation regarding his disenrollment from the Pilot Indoctrination
Program (PIP) was not accurately recorded in the commander’s review
process, nor was his disenrollment fair due to the information he
received regarding his second procedural knowledge test (PKT). He has
subsequently proven his ability to successfully compete for and
complete Specialized Undergraduate Pilot Training (SUPT). It is
unjust to permanently disallow him from competing for such training.
As a cadet, second class, he did not understand the repercussions;
specifically, that he was barred from seeking any rated position.
Consequently, he did not ask for help at the time nor fight his
removal from the class because of this mistaken impression. The ATC
Form 126A was made known to him when he applied for an SUPT position.
In support, he provides statements from the eliminating official,
flying instructors, squadron commanders, his commander at the USAF
Academy (USAFA), co-workers while on active duty, and the chain of
command disenrolling him from the PIP, as well as other documentation.
In his statement, the former 557 FTS commander supports removal of
the ATC Form 126A so that the applicant may compete for SUPT and
Specialized Undergraduate Navigator Training (SUNT). The former 12OG
commander indicated in his statement that he could only recommend the
contested ATC Form 126A be amended so the applicant may be considered
for SUNT.
A copy of the applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s original application was considered and denied in
Executive Session on 11 July 1996, because of insufficient relevant
evidence (See AFBCMR 95-03402 at Exhibit D).
On 19 April 2000, the applicant requested reconsideration of the
application. His application and the documentary evidence he
submitted in support of his appeal are at Exhibit E.
Information extracted from the Personnel Data System (PDS) indicates
that the applicant was appointed a second lieutenant, Reserve of the
Air Force, on 1 June 1994. He was voluntarily ordered to extended
active duty on the same date. He is currently serving on active duty
in the grade of captain, having been promoted to that grade, effective
1 June 1998.
According to the ATC Form 126A, dated 2 September 1993, the Acting
Operations Officer, 557 FTS, United States Air Force Academy (USAFA),
recommended that the applicant be eliminated from the class of 94-02
for “Self-initiated Elimination.” The reviewing authority recommended
that he be disenrolled from training; not be considered for
reinstatement in the course at a later date; be considered for
technical training; be considered for non-rated operations training;
and not be considered for specialized undergraduate navigator training
(SUNT). The 557 FTS Commander approved the recommendations.
The remaining relevant facts pertaining to this application, extracted
from the applicant's military records, are contained in the letter
prepared by the appropriate office of the Air Force. Accordingly,
there is no need to recite these facts in this Record of Proceedings.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The Chief, Operations Assignments Division, AFPC/DPAO, does not
support removal of the SIE documents. However, if the Board favorably
considers the appeal--thereby making him eligible to compete on the
late-rated Specialized Undergraduate Flying Training Selection Board--
he must submit his TAFCSD and age waiver requests IAW AFI 36-2205 and
IC 99-1, obtain concurrence from his chain of command, and forward to
HQ USAF/CC for final action.
A complete copy of the evaluation is at Exhibit F.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
A copy of the evaluation was forwarded to the applicant on 28 July
2000, for review and response within 30 days (Exhibit G). The
applicant stated that he learned from DPAOT3 that the reason they do
not support removal of the SIE documents is purely for administrative
reasons. He feels that the USAFA is the more appropriate office to
provide an advisory opinion. Therefore, he provided a copy of his
appeal to the USAFA 34th Operations Group Commander, who recommended
that the ATC Form 126A and the declination of UFT letter be removed.
Additionally, the applicant suggests that, given the unique
circumstances of his case, the AFBCMR should be the avenue through
which his age and TAFCSD waivers are approved. The applicant’s
complete response, with attachments, is at Exhibit H.
_________________________________________________________________
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 error or injustice to warrant granting partial
relief. After a careful and thorough examination of the documentation
pertaining to this case, the majority of the Board is reluctant to
amend the applicant’s records to the extent that the age and TAFCSD be
waived. The evidence supplied by the applicant persuaded the Board
majority that his request for a different instructor pilot (IP) due to
a personality conflict with his IP/Flight Commander was ignored.
Therefore, the Board majority believes that the ATC Form 126A, dated
2 September 1993, wherein he requested elimination from the USAFA
Flight Screening Program, should be voided and removed from his
records. However, the Board majority believes his age and TAFCSD
waiver requests should be acted upon by his chain of command, since
these officers are in the best position to evaluate the applicant’s
capabilities. Therefore, in the best interests of both the Air Force
and the applicant, we recommend his records be corrected only to allow
him to compete on the Specialized Undergraduate Flying Training
Selection Board.
4. The documentation provided with this case was sufficient to give
the Board a clear understanding of the issues involved and a personal
appearance, with or without counsel, would not have
materially added to that understanding. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that the Air Training
Command (ATC) Form 126A, Record of Commander’s Review Action, dated
2 September 1993, be declared void and removed from his records.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 2 November 2000, under the provisions of AFI 36-
2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Jackson A. Hauslein, Member
Mr. John L. Robuck, Member
Messrs. Hauslein and Robuck voted to grant the applicant’s request for
removal of the ATC Form 126A. However, they voted to deny the
applicant’s requests for an age waiver and a waiver for the 5-year
TAFCSD. Mr. Peterson voted to deny the application in its entirety,
but he did not desire to submit a minority opinion.
The following additional documentary evidence was considered:
Exhibit D. AFBCMR 95-03402, dated 18 Jul 1996, w/atchs.
Exhibit E. DD Form 149, dated 19 Apr 2000, w/atchs.
Exhibit F. Letter, AFPC/DPAO, dated 17 Jul 2000.
Exhibit G. Letter, SAF/MIBR, dated 28 Jul 00.
Exhibit H. Letter, Applicant, dated 17 Aug 00, w/atchs.
RICHARD A. PETERSON
Panel Chair
AFBCMR 95-03402
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, be corrected to show that the Air Training Command
(ATC) Form 126A, Record of Commander’s Review Action, dated 2
September 1993, be, and hereby is, declared void and removed from his
records.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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