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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