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AF | BCMR | CY2000 | 9702272
Original file (9702272.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  97-02272
            INDEX NUMBER:  128.04

            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

All or an equitable portion of Aviation Career  Incentive  Pay  (ACIP)
suspended during the period 19 April  1994  through  3  June  1995  be
reinstated.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He received a waiver/medical clearance following  a  period  of  being
medically disqualified; however, ACIP was not restarted.

Extenuating circumstances caused extensive delays during  the  medical
waiver review  and  approval  process.   In  addition,  administrative
errors or oversight and his assignment to a non-flying staff  position
resulted in no correct aeronautical orders being published  subsequent
to his medical reinstatement to flight status.

In support of his request, applicant  provided  a  chronology  of  his
medical flying class II waivers, and documentary evidence  in  support
of his appeal.  His complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 3 June 1970, applicant was appointed as second lieutenant,  Regular
Air Force,  and  ordered  to  extended  active  duty.   He  served  on
continuous active duty and was progressively promoted to the grade  of
colonel.

Information provided by the applicant indicates that he did  not  meet
flying class II (FC II) medical standards as a result  of  progressive
bilateral posterior subcapsular cataracts.  On 16 June  1992,  he  was
placed on duty  not  involving  flying  (DNIF)  status.   Following  a
medical examination on 9 July  1992,  medical  authorities  determined
that the applicant’s defect posed no immediate risk to  flight  safety
or mission completion and recommended that the applicant be granted an
FC II medical waiver for bilaterial posterior  subcapsular  cataracts,
progressive in nature.  On  11 August  1992,  the  Air  Force  Surgeon
General’s office (AF/SG) certified applicant as  medically  acceptable
for flying class II (FC II) duties, with a waiver valid until 31 March
1993.

On 26 March 1993, the applicant was medically cleared for flying  duty
and his waiver was renewed by HQ USAF/SG until 31 March 1994.

On 19 October 1993, applicant was  found  medically  disqualified  for
flying or special operational duty and was placed in DNIF  status.  He
underwent cataract surgery on 13  January  1994.   The  applicant  was
medically disqualified following a period of 180 days from the date he
was placed on DNIF status and his entitlement to ACIP  was  terminated
effective 17 April 1994.  In April  1994,  a  request  for  a  medical
waiver was submitted to HQ USAF/AFMOA.   On  8  August  1994,  AF/SGPA
certified applicant medically acceptable for flying duty class II with
a waiver valid until 31  March  1995.   The  waiver  was  received  at
applicant’s duty station in February 1995.

Applicant indicates he underwent cataract surgery again  on  30  March
1995.

On 30 December 1996, the applicant requested voluntary  retirement  to
be effective 1 July 1997.  On 30 June 1997, he was honorably  relieved
from active duty and retired effective 1 July 1997.  At  the  time  of
his retirement, he was credited with 27 years and 28  days  of  active
service for retirement.

___________________________________________________________________

AIR FORCE EVALUATION:

The Air Force Medical Operations Agency, HQ AFMOA/SGOO,  supports  the
applicant’s contention that he is entitled to  aircrew  incentive  pay
from August 1994 through March 1995.  His medical waiver was certified
by their office on 8 August 1994 with his waiver valid until 31  March
1995.  This action made him medically eligible for  return  to  flying
status effective 8 August 1994.  (Exhibit C)

The  Deputy  Chief,  Operational  Training  Division,  HQ   USAF/XOOT,
concurred with AFMOA/SGOO’s recommendation that applicant is  entitled
to ACIP from 8 August 1994 to 31 March 1995.  (Exhibit D)

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant accepted the recommended re-entitlement  date  of  8  August
1994 for his ACIP.  However, he contends that the expiration date  for
this ACIP should be 3 June 1995.  Given that  his  waiver  expired  31
March 1995, even if a subsequent waiver was not granted, he would have
been medically disqualified from flying (placed in Duty Not  Involving
Flying  (DNIF)  status)   while   another   medical   evaluation   was
accomplished.  The ACIP should have continued until 3 June  1995  (the
25th anniversary of his  officer  service  date  (OSD)  and  automatic
cutoff of ACIP since he was not assigned to an active flying position)
as that would have been less than 180 days after he was  placed  in  a
DNIF status.

Applicant’s response 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 error or injustice warranting corrective action.
 Evidence  in  the  record  reflects  that  the  applicant  was  found
medically cleared for flying duties on 8 August 1994, with  a  medical
waiver valid until 31 March 1995.  Had the  applicant  and  his  local
Surgeon General’s office been notified of  this  action  in  a  timely
manner, he would have been medically eligible  for  return  to  flying
status.  In view of this, we  agree  with  the  Air  Force  office  of
primary responsibility that the  applicant  is  entitled  to  Aviation
Career Incentive Pay (ACIP) beginning on 8 August 1994.   However,  we
believe that his entitlement to ACIP should be continued until 3  June
1995, the 25th anniversary of  his  officer  service  date  (OSD)  and
automatic cutoff of ACIP since he was not assigned to an active flying
position.  Based on the applicant’s medical history, it is our opinion
that he would probably have been placed on DNIF status  following  the
expiration of his medical waiver pending another  medical  evaluation,
which would have carried him through his  automatic  cutoff  date  for
ACIP.  Therefore, we believe any doubt should be resolved in favor  of
the applicant and recommend that his records be corrected as indicated
below.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that he was authorized, by
competent authority, Aviation Career Incentive Pay (ACIP)  during  the
period 8 August 1994 through 3 June 1995.

___________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 27 January 2000, under the provisions of AFI  36-
2603:




      Mr. Charles E. Bennett, Panel Chair
      Mr. Gregory H. Petkoff, Member
      Mr. Charlie E. Williams, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Forms 149, dated 24 Jul 97 and 4 Feb 99,
        w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ USAF/XOOT, dated 15 Mar 99, w/atch.
     Exhibit D.  Letter, SAF/MIBR, dated 23 Mar 99.
     Exhibit E.  Letter, Applicant, dated 30 Mar 99.




                                   CHARLES E. BENNETT
                                   Panel Chair




AFBCMR 97-02272




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  he  was
authorized, by competent  authority,  Aviation  Career  Incentive  Pay
(ACIP) during the period 8 August 1994 through 3 June 1995.








            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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