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AF | BCMR | CY2002 | BC-2002-02282
Original file (BC-2002-02282.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 02-02282

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered by the  Specialized  Undergraduate  Pilot  Training  (SUPT)
Selection  Board,  and  if  selected,  he  be  granted  a  waiver   of   his
commissioned service date (i.e., beyond five years) to allow his entry  into
pilot training.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

In 1998, due to personal and religious  problems,  he  declined  Specialized
Undergraduate Pilot Training (SUPT); however, based  on  the  events  of  11
September 2001, the needs of the Air Force, and  given  his  qualifications,
he feels he can better serve his country in a rated position.

The applicant states that  while  attending  the  United  States  Air  Force
Academy he completed T-3 training,  met  the  board,  and  was  accepted  to
attend Undergraduate Pilot Training (UPT).  However, in  January  1998,  his
wife, a Serbian citizen of Yugoslavia, was  having  difficulty  getting  her
residency to the United States and he did not think he could do his best  in
pilot training and declined UPT.  Prior to 11 September 2001,  he  had  also
requested separation; however, after that date, he withdrew his request  and
remained in the Air Force.  In addition, he is only two months  outside  the
five-year window for commissioned service.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of captain.

On 28 May 1997, the applicant graduated from the USAFA, received  a  Regular
Air Force commission, and entered active duty.

In a letter to the Air  Force  Personnel  Center  (AFPC),  dated  28 January
1998, the applicant indicated his desire to give up his slot  for  SUPT  and
acknowledged that  he  understood  the  consequences  of  the  action  would
prevent him from ever entering  a  rated  career  field  in  the  Air  Force
because of his acceptance of the assignment in August of 1997.

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 at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAO recommends the application be denied and  states,  in  part,  that
regardless of the world events that led to the applicant’s change  of  mind,
AFI 36-2205 specifically states that officers who decline  UPT  after  being
selected are ineligible to apply again.  There exists no error or  injustice
in his records.  He was properly briefed and understood the consequences  of
submitting his statement of declination of his selection to pilot  training.
 Furthermore, if his request is approved,  he  will  require  a  waiver  for
commissioned service greater than five years.

The AFPC/DPAO evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 9 August 2002 for review and response within 30  days.   However,  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.  After a thorough review  of  the  evidence
of record and applicant’s submission,  we  are  not  persuaded  that  relief
should be granted.  Applicant’s contentions are duly noted; however,  we  do
not find these assertions, in and by themselves, sufficiently persuasive  to
override the rationale provided by the Air Force.   The  office  of  primary
responsibility has  adequately  addressed  applicant’s  contentions  and  we
agree with their opinion and adopt the rationale expressed as the basis  for
our decision that the applicant has failed to sustain  his  burden  that  he
has suffered either an error or an injustice.  Hence, we find no  compelling
basis to recommend granting the relief sought.

_________________________________________________________________

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  Docket  Number  02-02282  in
Executive Session on 5 September 2002, under the provisions of AFI 36-2603:

                       Mr. Jackson A. Hauslein, Panel Chair
                       Mr. James W. Russell, III, Member
                       Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Jul 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAO, undated.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Aug 02.




                                   JACKSON A. HAUSLEIN
                                   Panel Chair

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