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AF | BCMR | CY2003 | BC-2002-03845
Original file (BC-2002-03845.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-03845
            INDEX CODE:  115.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Undergraduate Pilot Training (UPT) slot be reinstated.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His UPT slot was revoked unfairly due to  a  failed  Physical  Fitness
Test (PFT).

In support of his request, the applicant submits a  statement  from  a
retired registered nurse (RN).  The applicant’s  complete  submission,
with attachment, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The  applicant’s  Total  Active  Federal  Commissioned  Service   Date
(TAFCSD) is 3 Jul 02.  He is currently serving on active duty  in  the
grade of second lieutenant (O1), with an effective date  and  date  of
rank of 2 May 02.

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:

AFOATS/JA recommends the  application  be  denied.   JA  states  that,
according to the AFOATS Form 22 (Cadet Personnel Action Request),  the
applicant’s Undergraduate Pilot  Slot  (UPT)  slot  was  revoked,  not
solely due to his failure of the  physical  fitness  test  (PFT),  but
because the applicant’s performance  within  the  AFROTC  program  was
below what is expected of potential Air Force  pilots.   JA  indicates
that the applicant alleges no error in his records, but rather alleges
unfair revocation of his UPT slot.  The applicant  has  not  submitted
sufficient evidence of probable material error or injustice to warrant
any action.  The applicant’s UPT slot was revoked due to  his  overall
performance in the program; the PFT failure was just one part  of  his
substandard performance.   There  was  no  injustice.   The  AFOATS/JA
evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  19
December 2002 for review and response.  As of this date,  no  response
has been received by this office (Exhibit D).
_________________________________________________________________

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.  The applicant’s  submission  was
thoroughly reviewed and his contentions were duly noted.   However,  a
review of the evidence does not cause us to believe  that  the  action
taken to revoke the applicant’s  Undergraduate  Pilot  Training  (UPT)
slot was erroneous, improper or an abuse of  discretionary  authority.
Apparently, the applicant’s UPT slot was revoked due  to  his  overall
substandard performance within the AFROTC program and not just for his
physical fitness test (PFT) failure.   We  therefore  agree  with  the
opinion and recommendation of the  appropriate  Air  Force  office  of
primary responsibility 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.  In view of  the
above and absent evidence to the contrary, we find no compelling basis
to recommend granting the relief sought in this application.

_________________________________________________________________

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 13 Mar 03, under the provisions of AFI 36-2603:

                  Mr. David W. Mulgrew, Panel Chair
                  Mr. Billy C. Baxter, Member
                  Mr. Clarence D. Long III, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number 02-03845.

   Exhibit A.  DD Form 149, dated 10 Nov 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFOATS/JA, dated 19 Dec 02.
   Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 02.




                                   DAVID W. MULGREW
                                   Panel Chair


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