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AF | BCMR | CY2001 | 0100204
Original file (0100204.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-00204

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

The date of his medical disqualification be changed from 23 October 2000  to
17 November 2000.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust  and
the evidence submitted in support of the appeal are at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letters prepared  by  the
appropriate office 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 Branch, AETC/SGPS,  reviewed  the  application
and states that there is no sound  basis  to  change  the  date  of  medical
disqualification since all reviews and decisions were  made  on  24  October
2000.  Therefore, they do not support applicant’s request.

A complete copy of the evaluation is at Exhibit C.

The Chief, Aviation Continuation Pay/Phoenix Aviator,  AFPC/DPAOY,  reviewed
the application and states that the Air Force made no technical errors,  nor
did they identify any irregularities or injustices in the processing of  the
applicant’s package regarding his flying status.   However,  the  Board  may
determine the case warrants special consideration based on  the  applicant’s
compelling personal situation and unusual circumstances and direct that  the
date of his medical disqualification be changed to a date after 16  November
2000.  Such action will allow him to receive his 2001 Aviation  Continuation
Pay (ACP) installment.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

The applicant reviewed the evaluations and provided a response  that  is  at
Exhibit E.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

On 29 March 2001, the Board  requested  additional  comments  from  the  Air
Force concerning applicant’s allegation that he was assured by  one  of  the
highest ranking  general  officers  that  he  would  receive  the  2001  ACP
installment.

In  response  to  the  Board’s  request,  AFPC/DPP  provided  an  additional
advisory which is attached 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.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of probable error or injustice.  Applicant contends  that  he  was
assured by one of the highest ranking general  officers  in  the  Air  Force
that he would receive his 2001 ACP installment.  While the  evidence  before
this  Board  does  reveal  that  the  applicant  had  been   expecting   the
continuation pay in question, the majority of the  Board  is  not  persuaded
that he was promised or was directly informed that  he  would  received  the
2001 ACP installment.  The applicant was involved in a  helicopter  accident
and suffered head trauma, lost his sense of touch and  taste,  and  lost  of
his right eye.  The Board notes  the  injuries  received  in  the  incident;
however, since he was found permanently disqualified from  aviation  service
prior to receiving the installment, the majority of Board does  not  believe
he is entitled to the relief requested.  The  majority  of  the  Board  also
finds, while it was very unfortunate that  the  applicant  was  injured,  no
evidence has been presented showing that  he  was  treated  any  differently
than any other individuals similar situated.   Therefore,  the  majority  of
the Board recommends denial of the application.


4.    The applicant’s case is adequately documented  and  it  has  not  been
shown that a personal appearance with or  without  counsel  will  materially
add to our understanding of the issue(s) involved.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 29 March 2001 and 13 April 2001, under the provisions of AFI  36-
2603:

      Mr. Charles E. Bennett, Panel Chair
      Mr. Vaughn E. Schlunz, Member
      Ms. Rita S. Looney, Member

By a majority vote, the Board recommended denial of  the  application.   Ms.
Looney voted to grant the relief requested; however, she does not desire  to
submit  a  minority  report.   The  following   documentary   evidence   was
considered:

    Exhibit A.  DD Form 149, dated 17 Jan 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AETC/SGPS, dated 12 Feb 01.
    Exhibit D.  Letter, AFPC/DPAOY, dated 21 Mar 01.
      Exhibit E.  Letter, Applicant, dated 28 Mar 01.
      Exhibit F.  Letter, AFPC/DPP, dated 11 Apr 01.






                                   CHARLES E. BENNETT
                                   Panel Chair


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