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AF | BCMR | CY2004 | BC-2003-03830
Original file (BC-2003-03830.DOC) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03830

            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Air Training Command (ATC)  Form  126A,  Record  of  Commander’s  Review
Action be corrected and his elimination from  Air  Force  Joint  Specialized
Undergraduate Pilot Training (JSUPT) be reversed and he  be  reentered  into
phase I JSUPT.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The Commander’s Review (CR) elimination process was  faulty.   Specifically,
inaccurate  and  incomplete  information  was  used  in  the   consideration
process; Manifestation of Apprehension (MOA) was  inaccurately  “diagnosed;”
and there was a failure to follow medical professional’s recommendations  he
continue with JSUPT.

In support of  his  request,  he  submits  a  personal  letter,  letters  of
recommendation,  JSUPT  academic  agenda,  magazine   articles,   CR   entry
notification, medical statements, IG Request,  AETC  Form  126A,  Record  of
Commander’s Review Package, OPRs,  Training  Reports,  Feedback  Worksheets,
AETCI 48-102, Medical Management of Undergraduate Flying Training  Students,
and a calendar of flying events for Phases I and II.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was commissioned as a second lieutenant in the  Air  Force  on  13
August 1999.  He has been progressively promoted to the  grade  of  captain.
The applicant entered Specialist  Undergraduate  Pilot  Training  (SUPT)  at
Laughlin AFB TX on 10 January 2000.

On 22 May 2000, the applicant,  while  sitting  in  the  chocks  before  the
interior checklist begun, told the instructor pilot (IP) he was too sick  to
fly.  The applicant went on duties not involving flying (DNIF)  status  with
a cold.

On 1 August 2000, the applicant was counseled by his  flight  commander  for
landing early.  The applicant stated he landed early because  he  was  “very
tired and felt behind the aircraft.”

On 5 August 2000,  the  applicant’s  flight  commander  placed  him  on  the
Commander’s Awareness Program (CAP) due to inconsistent performance.

On 18 August 2000, the applicant’s flight commander took him off  CAP  after
he passed his contact check ride and performed well on his  first  formation
ride.

On 28 August 2000, the applicant experienced in-flight stomach pains,  which
made him unable to concentrate.  The applicant’s  IP  took  control  of  the
plane, declared an in-flight emergency (IEF) and returned  to  Laughlin  AFB
TX.  The applicant went on DNIF status. The 47 Fight  Training  Wing  Flight
Surgeon referred the applicant to Life Skills clinic for consult.

On 12 September 2000, the 87 Fighter Training Squadron Commander  (87FTS/CC)
placed the applicant  in  the  Commander’s  Review  (CR)  process.   The  47
Fighter Training  Wing  Commander  postponed  the  CR  process  pending  the
diagnosis/report from the Flight Surgeon and the Life Skills Clinic.

On  20  September  2000,  after  medical  personnel  medically  cleared  the
applicant for flight duty, the 87 FTS/CC placed  the  applicant  in  the  CR
process and briefed him on all appropriate issues.

After reviewing his training records, as required by AETCI 36-2205,  the  47
Operations Group Commander recommended to the 47 TFW/CC that  the  applicant
be eliminated from SUPT due to Manifestations of  Apprehension  (MOA)  on  2
November 2000.

The Deputy Chief, Inquiries and Complaints, Inspector General’s  Office,  HQ
AETC/IGQ conducted an investigation concerning alleged wrongful  elimination
from  specialized  undergraduate  pilot  training  (SUPT)   and   a   flawed
commander’s review. They  concluded  that  the  47  OG/CC  did  not  wrongly
recommend the applicant  for  elimination  from  SUPT,  based  on  erroneous
information, in violation of AETCI 36-2205 and AETC Syllabus  P-V4A-A.   The
47 OG/CC considered the applicant’s potential for in-flight  incapacitation,
due to  stress,  an  unacceptable  operational  risk.   Once  the  47  OG/CC
determined, through extensive consultations, examination  of  all  pertinent
facts and years of experience  as  a  pilot,  that  the  applicant  was  not
suitable for flying duty, every step along the way to his  elimination  from
SUPT was followed correctly.

_________________________________________________________________




AIR FORCE EVALUATION:

AETC/SGPS medically can support the applicant’s request to reapply for  UPT.
 As the process in his case is administrative, this office  has  no  medical
diagnoses or consideration at this time,  which  would  medically  terminate
this review.  Based on the files sent with the applicant’s request, this  is
not a medical determination for qualification,  but  rather  a  request  for
reconsideration and correction of an administrative board  process.   It  is
noted that he took his UPT physical on 22 March 1999, which  expired  on  22
March 2002.  For reinstatement consideration, he will  need  to  complete  a
new  Flying  Class  1/1A  medical  examination  and  have  it  reviewed  and
certified by their office prior to final board selection.

AETC/SGPS complete evaluation is at Exhibit C.

AETC/DOF  recommends  the  applicant  not  be  reinstated  into  any  flying
training course.  They  find  the  elimination  process  was  in  line  with
command guidance.

In accordance with AETCI 36-2205, the Commander’s Review  (CR)  should  take
no longer than 10 days  to  complete-from  the  time  a  squadron  commander
initiates CR action, until final determination by  the  wing  commander-this
case took almost six weeks.  From our perspective, these  officers  agonized
over  a  decision  to  eliminate  the  applicant-evidenced   by   the   wing
commander’s decision to authorize an extra-curricula T-1 orientation  flight
for the applicant.  While this  action  may  have  been  well  intended,  it
presented a false hope the  applicant  might  continue  in  training  if  he
switched  aircraft.   However,  command  policy  did  not  support  students
switching tracks for a number of reasons not relevant to this case.

The applicant’s behavior rendered him a poor risk for continued training  in
any  aircraft.   Intuitively,  flight  training  carries   inherent   risks.
Aircrew errors of omission or  commission  will  occur;  weather  conditions
will  change;  aircraft  will  malfunction.   We  train  to  decrease  these
intrinsic risks-however, an identified risk of  aircrew  incapacitation  due
to stress or anxiety is not acceptable given the potential for  catastrophic
consequences.  The applicant’s  supervisor  and  commanders  went  to  great
lengths to ensure they made a sound operational decision based on the facts-
and their judgment as instructor pilots and training experts.

AETC/DOF complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant  reviewed  the  Air  Force  evaluations  and  stated  the  medical
advisory supports his request for readmission and gives  no  medical  reason
to prevent his return to SUPT.  The only caveat being he needs  to  complete
a new Class 1/1A medical examination prior to returning which should  be  no
problem.  Meanwhile, at the recommendation of medical staff at  his  current
base, he is also exploring the possibility of getting a waiver  to  this  to
expedite the medical requirements of returning to SUPT.  They  informed  him
due to the length  of  time,  he  was  in  SUPT  (10  months  start  through
elimination), he would likely qualify for a Class II Flight  Physical  since
the yearly physicals he is currently required to obtain for his  operational
duty, are almost identical to the yearly requirements for pilots  (with  the
exception of a color blindness and depth perception test). Hence, if he  can
obtain the waiver and can get these tests  accomplished  here,  he  will  be
immediately medically qualified to return to SUPT.

Finally, he understands AETC’s  recommendation,  in  accordance  with  their
findings.  Yet in 6(a), they make the  statement,  “However,  if  the  board
supports the applicant’s  request,  change  the  AETC  Form  126A  to  read,
“reconsider for reinstatement at a later date”, allowing  the  applicant  to
reapply for pilot training IAW procedures and guidelines  described  in  AFI
36-2205, Applying for Flying and Astronaut  Training  Programs.”   According
to this regulation, he is ineligible  to  apply  without  submitting  for  a
waiver due to the fact he will not meet the requirement in said  regulation,
paragraph 1.1.6, stating, “Applicants must not exceed  their  30th  Birthday
or 5 years beyond their Total Federal  Commissioned  Service  Date,  by  the
start of the board’s first available UFT class.  He would have had to  apply
for this year’s board to meet both requirements (and  as  his  current  AETC
Form 126A says that he should not be considered for a later date, he is  not
currently eligible to apply).  Hence, as initially stated, he is  requesting
he be reinstated into the Air Force SUPT  via  the  AFBCMR  process  at  the
earliest date possible.

Applicant’s response 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 timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an injustice that would warrant  some  relief.   We  note  that
flying training is an extremely challenging and stressful  environment  that
requires the student's ability to concentrate and focus  completely  on  his
efforts.   We  are  convinced  by  the  evidence  that   Manifestations   of
Apprehension is not uncommon, particularly in the earlier stages  of  flight
training of young pilots.  The applicant admitted his condition was  brought
on by poor diet, lack of  hydration,  lack  of  sleep  and  personal  stress
relating to his newborn child.  In  this  respect,  the  Commander’s  Review
elimination process was in line with command guidance.  Nonetheless,  it  is
our  opinion  that  the  applicant  has   provided   numerous   letters   of
recommendation from flight commanders  and  the  Chief,  Physical  Standards
Branch to warrant his reinstatement consideration for SUPT.   We  considered
applicant's request for reinstatement directly into SUPT training;  however,
because of the period of time since his expulsion and  the  rigorous  nature
of  military  flight  training  programs,  we  do  not  believe   that   his
reinstatement is warranted.  Accordingly, we recommend that his  records  be
corrected as 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. AETC Form 126A, Record of Commander's Review Action,  Section  III,
reflects "BE CONSIDERED FOR REINSTATEMENT IN THIS COURSE AT A LATER DATE."

      b.     He be considered  for  Joint  Specialized  Undergraduate  Pilot
Training at the next available board and, if accepted, he be granted an  age
and a total active federal commissioned service waiver.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
03830 in Executive Session on 13 April 2004, under the provisions of AFI 36-
2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Kathleen F. Graham, Member
    Mr. James W. Russell III, Member


All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Nov 03, w/atchs.
    Exhibit B.  Letter, AETC/SGPS, dated 20 Nov 03
    Exhibit C.  Letter, AETC/DOF, dated 15 Jan 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Jan 04.
    Exhibit E.  Letter, Applicant, dated 23 Feb 04.




                             MICHAEL K. GALLOGLY
                 Panel Chair

AFBCMR BC-2003-03830




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.  AETC Form  126A,  Record  of  Commander's  Review  Action,
Section III, reflects "BE CONSIDERED FOR REINSTATEMENT IN THIS COURSE  AT  A
LATER DATE."

                 b.    He be considered for Joint Specialized Undergraduate
Pilot Training at the next available board and, if accepted, he be granted
an age and a total active federal commissioned service waiver.








                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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