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AF | BCMR | CY2004 | BC-2003-03275
Original file (BC-2003-03275.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03275
            INDEX CODE:  111.01

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________


APPLICANT REQUESTS THAT:

His  records  be  corrected  to  enable  him  to  be  considered   for
Undergraduate  Flying  Training  (UFT)  programs.   Specifically,   he
requests approval of a waiver for applying for future UFT programs and
a waiver  for  exceeding  the  five  years  of  Total  Active  Federal
Commissioned Service (TAFCS) in applying for flying training programs.

The reason for his elimination from  Joint  Specialized  Undergraduate
Navigator Training (JSUNT) be changed to  medical  rather  than  Self-
Initiated Elimination (SIE)--currently termed Drop-on-Request (DOR).
_________________________________________________________________

APPLICANT CONTENDS THAT:

His SIE from Undergraduate Navigator Training (UNT) should be based on
medical findings and history, rather than SIE.  He  was  compelled  to
quit training due to his medical condition  (Acute  Stress  Disorder).
He would like the opportunity to compete for a  UPT  slot  instead  of
being reinstated back into UNT.

In support of his request, applicant submits a personal  statement,  a
statement from the psychiatrist who treated the applicant and extracts
from his medical records.  The applicant’s complete  submission,  with
attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS)
reveals the applicant’s Total Active  Federal  Military  Service  Date
(TAFMSD) and Total Active Federal Commissioned Service  Date  (TAFCSD)
as 20 July 1998.  He is currently serving on active duty in the  grade
of captain, with an effective date and date of rank of 4 July 2002.

Information extracted from applicant’s submission reveals that he self-
initiated elimination from Undergraduate Navigator Training  (UNT)  on
20 July 1999, after approximately five months.

The relevant facts pertaining to this application are contained in the
letters prepared by the  appropriate  offices  of  the  Air  Force  at
Exhibits B and C.
_________________________________________________________________

AIR FORCE EVALUATIONS:

HQ AETC/SGPS states that, according to  the  documents  supplied,  the
applicant has resolved his medical issues and has since been  returned
to duty with full resolution.  SGPS supports the  applicant’s  request
to have his records corrected to show elimination based on  a  medical
diagnoses rather than SIE.  SGPS indicates there is no current medical
finding that would disqualify the  applicant  from  applying  for  UPT
consideration.  He would need to complete  a  new  Flying  Class  1/1A
medical examination, a current Mental Health Evaluation to show  there
has been no change over the last two years and  receive  certification
from HQ AETC/SGPS.   If  accepted,  he  must  pass  a  Medical  Flight
Screening at Brooks AFB, TX, prior to entering UPT.  The HQ  AETC/SGPS
evaluation is at Exhibit B.


HQ AETC/DOF has been  unable  to  obtain  any  archived  copy  of  the
applicant’s training records.  As the applicant’s training elimination
occurred more  than  three  years  ago,  training  records  and  other
pertinent documents have  been  destroyed.   DOF  states  it  was  the
applicant’s choice not to seek aid when he became an  assault  victim.
It was his choice not to seek help for  stress  until  a  year  later.
While DOF understands the applicant’s desire to change his record,  he
must assume responsibility for, and endure  the  consequences  of  his
actions.  As a DOR from navigator training, the applicant  would  have
been ineligible for Air Battle Manager (ABM)  training  under  current
policy.  Now the applicant desires not only to change the record,  but
also be given support to attend pilot training--even  if  this  action
requires waivers for age or TFCSD.  Clearly, this is unfair to  others
who must meet all entry requirements and compete for slots on a  best-
qualified  basis.   Applicant’s  action  to  self-eliminate  made  him
ineligible for other flight training.  There is no  compelling  reason
in this case to make an  exception  to  policy.   DOF  recommends  the
applicant’s record remain unchanged.  However, if the Board’s decision
is to grant the applicant’s request, his record may be changed to show
elimination from JSUNT as a medical disqualification.  As such, he may
apply to the next UFT selection board.  The  HQ  AETC/DOF  evaluation,
with attachments, is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were  forwarded  to  applicant  on
19 December 2003 for review and response (Exhibit D).


On 15  January  2004,  the  applicant  requested  his  application  be
withdrawn (Exhibit E).  By letter, dated 19 March 2004, the  applicant
requested that his appeal be reopened for consideration by the  Board.
In support of his appeal,  the  following  rebuttal  to  the  advisory
opinions was submitted.


The applicant reviewed the advisory opinions and indicates that he was
100% capable of completing navigator training until he was the  victim
of a sexual assault.  He exhausted all avenues of services  as  stated
by HQ AETC/DOF.  His first course of action was  to  be  seen  at  the
Flight Surgeon’s office.  Followed with his squadron’s Flight Surgeon,
NOMI Psychiatry and the Chaplain’s office.  The medical records he has
provided will show all medical appointments  and  the  visits  to  his
Chaplain were on his own time.

He was emotionally exhausted from seeing the  same  doctors  over  and
over with no improvement in his treatment.  His final decision was  to
withdraw from navigator  training,  rather  than  have  to  deal  with
doctors who accused him of lying, of being an alcoholic and possibly a
homosexual.  On 20 July 1999, after almost five months,  he  made  the
decision to Drop-On-Request (DOR) from navigator  training.   At  this
point, he decided he needed help or counseling  from  the  Air  Force,
rather than from a  Naval  base.   In  August  2000,  he  finally  was
successful in getting an appointment with Colonel M---  (Psychiatrist)
at Keesler AFB, who diagnosed his condition as Acute Stress  Disorder.
Through her help, he has now succeeded  and  defeated  this  difficult
stage in his life.  He feels the medical records he has provided  will
show he exhausted many avenues seeking aid while  trying  to  continue
with his flight training.  He  is  not  asking  that  his  records  be
changed.  He would like waivers so  that  he  could  apply  for  pilot
training, not a slot to be entered  into  pilot  training.   He  would
still have to compete against all those others who are qualified for a
training slot.

He disagrees with HQ AETC/DOF’s recommendation.  The reason he dropped
out of navigator training was due to the fact that he was a victim  of
a sexual crime.  He went through as many avenues as he felt  he  could
to  work  through  the  situation  and  he  feels  he  exhausted   his
possibilities.  He is proud to serve in the  position  of  Air  Battle
Manager, but he wants to follow his heart and dreams of being  in  the
cockpit.  He knows he has the drive, desire and  skill  to  become  an
exceptional Air Force pilot.  In support of his request, the applicant
has submitted extracts from his medical records, a statement from  the
Addiction Treatment Facility Department Evaluation and articles on the
“date  rape”  drug.   The  applicant’s   complete   submission,   with
attachments, is at Exhibit F.
_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice.  After carefully reviewing the  applicant’s
submission in judging the merits of his case, we believe the applicant
has  shown  he  should  be  given  the  opportunity   to   apply   for
Undergraduate Flying  Training  (UFT).   The  applicant  has  provided
medical evidence and a statement from the Air Force  Psychiatrist  who
assessed and treated  him  for  Acute  Stress  Disorder.   It  is  the
Psychiatrist’s opinion that the applicant was unable to  complete  his
navigator training due to medical/psychological reasons at that  time.
However, with treatment, these emotional, physical  and  psychological
symptoms eventually subsided.  In this respect, we  note  that,  since
resolving his issues, the applicant has successfully completed the Air
Battle Manager Training and the Initial  Qualification  Training.   We
note that HQ AETC/SGPS (Exhibit B) supports  the  applicant’s  request
for correction of his record and the opportunity for him to apply  for
Undergraduate  Pilot  Training  (UPT)  consideration.   Due   to   the
extraordinary  circumstances  presented  in  this  case,  we  are   in
agreement with the opinion and recommendation of the HQ AETC/SGPS that
the evidence supports changing the reason for applicant’s  elimination
from Specialized Undergraduate Navigator Training (JSUNT)  from  self-
initiated elimination to medical  disqualification.   Furthermore,  we
believe equity  and  justice  would  best  be  served  by  giving  the
applicant the opportunity to apply for UFT.  In view of to  foregoing,
we recommend the  applicant’s  records  be  corrected  to  the  extent
indicated below.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that:

      a.  The  reason  for  his  elimination  from  Joint  Specialized
Undergraduate  Navigator  Training  (JSUNT)  in  1999   was   “medical
disqualification” rather than “self-initiated elimination (SIE).”

      b.  Should he apply for Undergraduate Flying Training (UFT), his
application be reviewed by the next scheduled selection board; and, if
accepted, his active  duty  service  commitment  for  the  Air  Battle
Manager (ABM) training be waived and he be granted  any  required  age
and total active federal commissioned service waiver.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 27 May 2004, under the provisions of AFI 36-2603:

                  Mr. Gregory H. Petkoff, Panel Chair
                  Ms. Kathleen F. Graham, Member
              Mr. Michael J. Novel, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number BC-2003-03275.

   Exhibit A.  DD Form 149, dated 22 Sep 03, w/atchs.
   Exhibit B.  Letter, HQ AETC/SGPS, dated 16 Oct 03.
   Exhibit C.  Letter, HQ AETC/DOF, dated 16 Dec 03, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.
   Exhibit E.  Letter from Applicant, dated 15 Jan 04, and
               Letter from AFBCMR, dated 20 Jan 04.
   Exhibit F.  Letters from Applicant, dated 17 Mar 04, w/atchs
               and 19 Mar 04.




                                   GREGORY H. PETKOFF
                                   Panel Chair



AFBCMR BC-2003-03275




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:

      a.  The reason for his elimination from Joint Specialized
Undergraduate Navigator Training (JSUNT) in 1999 was “medical
disqualification” rather than “self-initiated elimination (SIE).”

      b.  Should he apply for Undergraduate Flying Training (UFT), his
application be reviewed by the next scheduled selection board; and, if
accepted, his active duty service commitment for the Air Battle
Manager (ABM) training be waived and he be granted any required age
and total active federal commissioned service waiver.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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