Search Decisions

Decision Text

AF | BCMR | CY2000 | 9900584A
Original file (9900584A.doc) Auto-classification: Approved

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: 99-00584 (Case 2)
            INDEX CODE:  100.07

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His elimination from the Fixed-Wing Qualification Training Course (F-V5A-Q)
be removed from his records.
_________________________________________________________________

RESUME OF CASE:

On 21 Mar 00, the Board considered and  denied  a  similar  appeal  by  the
applicant.  A summary of the evidence  considered  by  the  Board  and  the
rationale for its decision is set forth in the Record of Proceedings, which
is attached at Exhibit E.

The applicant provided additional new evidence for possible reconsideration
of his application.  The new evidence is comprised of  letters  of  support
from his senator and prominent military officials (Exhibit F).
_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Federal Commissioned Service Date (TFCSD) is  15  May
83.  A Flying Evaluation Board (FEB) convened at Vance AFB on 20 Oct 92 for
the  purpose  of  developing  and  considering  evidence   concerning   the
applicant’s  professional  qualifications  as  a  trainee   and   to   make
recommendations  regarding  his  future  continuation  in  the  Fixed  Wing
Qualification Training Program.  A legal review of  the  FEB’s  proceedings
found it legally sufficient  to  support  the  board’s  recommendations  to
disenroll the applicant  from  training  and  to  revoke  his  aeronautical
rating.  On 18 Nov 92,  the  71st  Flying  Training  Wing  (FTW)  commander
concurred with the FEB’s findings and recommendations.

The applicant’s Education/Training Report, AF Form 475,  rendered  for  the
period 7 Sep 91 through 8 Mar 93, reveals that he was eliminated  from  the
Fixed Wing Qualification Training for flying deficiencies.

The applicant was relieved from assignment with the 8165th  Student  Flight
and honorably discharged in the grade of captain from the GA ANG and  as  a
Reserve of the Air Force, effective 25 Mar 93.   He  was  assigned  to  the
Nonobligated Nonparticipating Ready Personnel Section (NNRPS) until  1  Aug
98.  On 1 Aug 98, he was reassigned from NNRPS to the Inactive Status  List
Reserve  Section  (ISLRS).   He  was  relieved  from  ISLRS  and  honorably
discharged from all appointments in the United States Air Force,  effective
1 Mar 99.
_________________________________________________________________

AIR FORCE EVALUATION:

Pursuant to the Board’s request, the Personnel Operations Branch, ANG/DPFO,
reviewed the additional information submitted and indicated that  they  are
unable to administratively correct the applicant’s military records.   DPFO
stated that the ANG/DPPU advisory opinion, dated 31  Aug  99,  recommending
denial of the requested relief remains the same.   However,  DPFO  notified
the Headquarters Alabama Air National Guard  (HQ  AL  ANG)  to  initiate  a
waiver for reinstatement into the Fixed-Wing Qualification Course  (Exhibit
G).
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 15  August
2000 for review and response.  As  of  this  date,  no  response  has  been
received by this office (Exhibit H).
_________________________________________________________________

THE BOARD CONCLUDES THAT:

After again reviewing the evidence provided, the Board majority is  of  the
opinion that a revision in our earlier findings is warranted.   It  appears
that Alabama ANG is extremely desirous of  accessing  the  applicant  as  a
member of their organization.  The  applicant  has  produced  a  number  of
supportive statements from  high-level  ANG  and  Air  Force  officers  who
support his request.  In view of this fact and the ANG admission  that  the
applicant was not qualified to enter the FWQ training program at  the  time
he attended in 1992;  and,  because  we  are  aware  that  the  applicant’s
elimination is a disqualifying factor which is  not  waivable  for  reentry
into flying training, the Board majority believes  favorable  consideration
of the applicant’s request would be appropriate.  Accordingly, his  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 all documents and references to  his
elimination from the Fixed Wing Qualification Training Course (F-V5A-Q)  in
November 1992, be removed from his records and sequestered.
_________________________________________________________________

The following members of the Board considered this application in Executive
Session on 29 November 2000, under the provisions of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Peggy E. Gordon, Member
                  Mr. Philip Sheuerman, Member

Mr. Peterson and Ms. Gordon voted to grant the  applicant’s  request.   Mr.
Sheuerman voted to deny the  applicant's  request  but  did  not  submit  a
minority report.  The following documentary evidence was considered:

   Exhibit E.  Record of Proceedings, dated 13 Apr 00.
   Exhibit F.  Letter from the applicant, dated 10 May 00,
               with attachments.
   Exhibit G.  Letter, ANG/DPFO, dated 4 Aug 00.
   Exhibit H.  Letter, AFBCMR, dated 15 Aug 00.




                                   RICHARD A. PETERSON
                                   Panel Chair




AFBCMR 99-00584




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 all documents and
references to his elimination from the Fixed Wing Qualification Training
Course (F-V5A-Q) in November 1992, be, and hereby are, removed from his
records and sequestered.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency



Similar Decisions

  • AF | BCMR | CY2000 | 9900584

    Original file (9900584.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 99-00584 (Case 2) INDEX CODE: 100.07 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: It appears the applicant is requesting that his elimination from the Fixed- Wing Qualification Training Course (F-V5A-Q) be removed from his records. On 18 Nov 92, the XXst Flying Training Wing (FTW) commander concurred with the FEB’s findings and recommendations that the applicant should be...

  • AF | BCMR | CY2006 | BC-2005-02208

    Original file (BC-2005-02208.doc) Auto-classification: Approved

    Based on a review of the facts, we agree she should have met an FEB after her elimination from FWQ training as an FEB would be the only correct action to evaluate retention in (or removal from) training, and qualification for continued aviation service. She failed two opportunities to complete fixed wing training and should have met an FEB. ____________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air...

  • AF | BCMR | CY2004 | BC-2004-01805

    Original file (BC-2004-01805.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: AF/XOOT recommends the applicant, provided he now meets the minimum flying hour requirements for award of the pilot rating, first secure a helicopter pilot operational flying position and then submit an application to appear before an Aeronautical Review Board in accordance with AFI 11-402, paragraph 2.11. The complete evaluation is at Exhibit C. AETC/DOF recommends that the applicant not be reinstated...

  • AF | BCMR | CY2014 | BC 2014 00305

    Original file (BC 2014 00305.txt) Auto-classification: Approved

    His records be corrected to reflect he was awarded the wings and rating as a fixed wing pilot. Apparently, and unknown to the applicant, the Air National Guard (ANG) decided not to follow the Air Force Predator entry requirements as outlined in AFI 11-402, Aviation and Parachutist Service Aeronautical Ratings and Aviation Badges, instead they decided he could not enter Predator training without first completing a fixed wing aviation training program; FWQ. Also significant is the unanimous...

  • AF | BCMR | CY2010 | BC-2010-03226

    Original file (BC-2010-03226.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: BC-2010-03226 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Mandatory Separation Date (MSD) be extended in order for him to achieve an Air National Guard (ANG) retirement with 20 years of service. Removing his time in ISLRS will not change his MSD. He is asking the Board to allow him to continue...

  • AF | BCMR | CY2009 | BC-2008-02883

    Original file (BC-2008-02883.doc) Auto-classification: Approved

    Any and or all ANG and Army records damaged by the Revocation of Flying Order action be corrected. During this time, he received a negative OPR from his AFR unit. He was never informed his Flying Order would be permanently revoked, in fact, he was told by his former ANG commander that his record would not be damaged in any way should he be unable to return to Oklahoma for continuation of T-37 training with only one day’s notice.

  • AF | BCMR | CY2007 | BC-2006-01411

    Original file (BC-2006-01411.DOC) Auto-classification: Denied

    When applicant was subsequently promoted to the grade of lieutenant colonel by the FY07 ANG Line and Non-line Lieutenant Colonel Promotion Board, he was considered by this board on-time and selected at his first eligibility. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant...

  • AF | BCMR | CY2001 | 0100085

    Original file (0100085.doc) Auto-classification: Denied

    The applicant was found to meet the size standards for entry into SUPT. Based on the recommendation of medical personnel, the commander of the applicant’s flying training squadron authorized a temporary (not to exceed six months) medical deferral for Phase I of the Weight Management Program and the applicant was reentered into training, Class 98-15, on 13 Nov 97. The applicant was notified on the AETC form 126A, Record of Commander’s Review Action, that he was being considered for...

  • AF | BCMR | CY2013 | BC 2012 05389

    Original file (BC 2012 05389.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05389 XXXXXXX COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: The time he was retained in the Inactive Status List Reserve Section (ISLRS) from 31 Dec 97 through 22 Nov 05 be removed. He was also permanently retained in the Inactive Reserve and his record was not reviewed in accordance with...

  • AF | BCMR | CY2010 | BC-2010-04171

    Original file (BC-2010-04171.txt) Auto-classification: Denied

    She was assigned to the Non-obligated Non-participating Ready Personnel Section (NNRPS) by Reserve Order (RO) A-230, 23 May 2008. On 14 July 2010, she was reassigned from NNRPS to the Inactive Status List Reserve Section (ISLRS), with a MSD of 1 March 2011. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied...