RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01805
INDEX CODE: 128.04
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be changed to reflect current flight physical of March
2001, in order to reverse the debt of $5,600.00 due to extenuating
circumstances surrounding his case.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Extenuating circumstances associated with PCS move to Washington DC
for senior Service School resulted in lapse of eligibility for flight
pay from May 2001 to December 2001. He underwent a physical at State
Department in March 2001. His request for a change to his records
aligns his current physical date and AF Form 1042 with State
Department physical.
In support of the appeal, applicant submits a personal statement,
proof of physical while attending State Department Senior Seminar,
proof of completion of the Marine Corps Marathon, and a letter from
the DOD Legal Service Agency denying a waiver of his debt submitted to
the Defense Finance and Accounting Service (DFAS).
Applicant's complete submission, w/attachments, is attached at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a rated officer who is currently serving on extended
active duty in the grade of colonel. Information extracted from the
Personnel Data System (MilPDS) reveals that his Total Active Federal
Military Service Date (TAFMSD) is 1 June 1983. His Aviation Service
Date (ASD) is 3 October 1983. From documents provided by the
applicant, it appears that the applicant was placed in a Duty Not To
Include Flying (DNIF) status because of medical disqualification on 11
May 2000. The applicant thereafter departed his duty station, Aviano
AB, Italy to perform duties as a student at the Air University,
Washington, D.C., with an effective date of duty of 27 July 2000.
Effective 2 July 2001, he was assigned to duties at his new duty
station (the Pentagon, Washington, D.C.).
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.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ USAF/XOOT states that they agree with DFAS that in accordance with
DOD Financial Management Regulation 7000-14R, Volume 7A, Chapter 22,
para 220210 and AFI 11-402, para 3.7.2.1.2. Applicant should have
been medically disqualified on the first day following 365 days of
medical incapacity. Therefore, Andrews AFB Flight Management Office
(FMO) was correct to medically disqualify applicant upon receipt of
his Flight Record Folder (FRF) effective 11 May 2001, 365 days from
the 11 May 2000 Duty Not to Include Flying (DNIF) date.
Although the disqualification order and pay action were processed late
by Andrews FMO, this was due to applicant not turning his FRF in to
the Andrews FMO within 10 days of arriving in accordance with AFI 11-
401, para 1.5.5. Applicant’s report no later than date was 28 July
2000 on his Permanent Change of Station orders. It was not Bolling
AFB Military Personnel Flight’s responsibility to ask for his FRF, nor
is it the FMO’s job to schedule a member to return to a flight surgeon
to get cleared from DNIF status or obtain a physical. Applicant
turned his FRF in December 2001. Andrews FMO validated the DNIF form
dated May 2000 (signed by applicant 11 May 2000) and processed the
medical disqualification order immediately.
The DODFMR clearly states applicant was not entitled to flight pay
past 365 days of medical incapacitation, until medically requalified.
Therefore, he is not entitled to flight pay from 11 May 2001 through
9 December 2001. Andrews FMO processed the MPO restarting applicant’s
flight pay effective 10 December 2001.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 30 August 2002, a complete copy of the Air Force evaluation was
forwarded to applicant for review and response within 30 days. As of
this date, no response has been received by this office.
_________________________________________________________________
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 error or injustice. Applicant’s contentions are duly
noted. However, we do not find his contentions, in and by themselves,
sufficiently persuasive to conclude that he has been a victim of
either an error or an injustice. As noted by DFAS, the applicant was
provided with an AF Form 1042 which clearly indicated that he had only
365 days to obtain medical clearance or he would be medically
disqualified. It is unfortunate that his Military Personnel Flight
(MPF) did not timely notify him of the requirement to obtain his
annual flight physical. Nonetheless, in the absence of a regulatory
requirement to do so, it was incumbent upon the officer to schedule
his own physical in order to continue to receive his flight pay. In
view of the foregoing and in the absence of substantive evidence to
the contrary, we agree with the Air Force that his request be denied.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 22 October 2002, under the provisions of AFI 36-
2603:
Ms. Olga M. Crerar, Panel Chair
Mr. Mike Novel, Member
Ms. Martha Maust, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 May 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ USAF/XOOT, dated 29 Aug 02.
Exhibit D. Letter, AFBCMR, dated 30 Aug 02.
OLGA M. CRERAR
Panel Chair
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