RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01805
            INDEX NUMBER:  115.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reinstated into the Fixed Wing Qualification  (FWQ)  program  or
placed into the Joint Specialized Undergraduate Pilot Training (JSUPT)
program.

In the alternative, he requests that his Army aeronautical  rating  be
converted to an Air Force equivalent so that he may secure a  position
with an Air Force Reserve or Air National Guard unit.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was placed in a training environment designed for pilots with  more
flight hours and experience than he possessed.   He  was  granted  the
waiver to enter FWQ training without  the  prerequisite  flying  hours
needed. As a result he has been completely removed from flying  status
and has been precluded from continuing his aviation career in the  Air
Force as a fully qualified helicopter pilot.

When the decision was made to remove him from the FWQ program, it  was
with the understanding that he would  be  transferred  to  the  JSUPT.
When he reported for his anticipated start date for JSUPT, he  learned
that he would not be transferred/enrolled into JSUPT because  HQ  AETC
had denied his enrollment.  The explanation  given  was  that  he  had
transferred into the Air Force Reserve as a  rated  aviator  from  the
Army with an Aeronautical Rating Board (ARB)  conversion  and  at  the
time of his removal from FWQ, he was older  than  the  JSUPT  eligible
age.  He notes that at the time he was told this, there were ARB  Army
rated aviators and former navigators who were older than him  and  had
received age waivers and were in training.  He was later informed that
he would have to continue his training in FWQ.  He  was  disadvantaged
when he returned to training because he had been  previously  directed
not to participate in any aviation flight training.   His  instructors
also told him that he had a low probability of completing the program.
 He was not able to maintain the expected flying proficiency level and
in Dec 02 was eliminated from FWQ and had a  Flying  Evaluation  Board
(FEB) pending.  Although  he  received  orders  prohibiting  him  from
wearing Air Force Wings, he was never given a  chance  to  present  or
plead his case before the FEB.

He  was  disqualified  from  all  aviation  service  per  AFI  11-402,
paragraph 3.6.2.1 because he failed to meet FWQ course standards.   He
notes that according to the same AFI in paragraph 2.14, Table 2.1, the
Air Force should not have processed and transferred him from the  Army
National Guard aviation  service.   He  further  notes  that  students
enrolled in JSUPT are required  to  attend  initial  flight  training,
which better prepares them for the rigorous training of JSUPT.  He did
not have this opportunity.

The applicant provides an  overview  of  additional  training  he  has
received and notes the support he has among his chain of  command  for
enrollment into JSUPT.  The applicant also submits a letter of support
from a student that was in the FWQ class behind him who recounts  what
he believes was unprofessional conduct on the part of some  instructor
pilots toward the applicant.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was appointed  a  first  lieutenant  in  the  Air  Force
Reserve on 22 Mar 02 after he transferred from the  Army  Reserve/Army
National Guard.  He was granted an Aeronautical  Rating  Board  waiver
for award of a pilot rating based on his record of  270  hours  rotary
wing flying hours as an Army National  Guard  helicopter  pilot.   The
waiver was contingent upon the applicant completing FWQ training.  The
applicant entered training on 8 Jul 02.  On 2 Dec  02,  the  applicant
was  recommended  by  his  squadron  commander  for  elimination  from
training due to flying deficiencies.  The  group  commander  concurred
that the deficiency was sufficient  for  elimination  and  recommended
that the applicant be disenrolled from training.  He also  recommended
that the applicant not be considered for reinstatement at a later date
and that he not be considered for  undergraduate  navigator  training.
The applicant was recommended for consideration of technical  training
and consideration of non-rated operations training.  On 16 Dec 02, the
Wing commander approved the applicant’s elimination from training  due
to flying deficiencies.

_________________________________________________________________

AIR FORCE EVALUATION:

AF/XOOT recommends the applicant, provided he now  meets  the  minimum
flying hour requirements for award of the pilot rating, first secure a
helicopter pilot  operational  flying  position  and  then  submit  an
application  to  appear  before  an  Aeronautical  Review   Board   in
accordance with AFI 11-402, paragraph 2.11.

While they recognize that the applicant was incorrectly granted an ARB
waiver  and  awarded  the  Air  Force  pilot  rating  contingent  upon
successful completion of the FWQ course, they do not believe that this
oversight warrants conversion of the applicant’s Army rating  into  an
Air Force pilot rating.

The complete evaluation is at Exhibit C.

AETC/DOF recommends that the applicant not be reinstated into AF fixed-
wing training or his Army rotary wing rating directly  converted  into
an Air Force helicopter  rating.   They  further  recommend  that  the
applicant’s  records  be  expunged  of  the  records  referencing  the
previous  ARB,  ARB  waiver,  FWQ  training,  FWQ   elimination,   and
subsequent revocation of his aeronautical  order.   If  the  applicant
believes he now meets flying experience criteria  to  warrant  an  Air
Force pilot (helicopter only) rating, he must find a  sponsoring  unit
with  an  operational  flying  position.   He  may  then   submit   an
application for an Aeronautical Rating Board.

If the Board decides to grant the relief  requested,  they  recommend,
based on the applicant’s limited flying experience, that he be entered
into JSUPT.   However,  the  applicant  must  first  secure  a  flying
position with an Air Force Reserve or Air  National  Guard  fixed-wing
unit before entry into training.  The applicant will also  require  an
age waiver.

The complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his initial response to the Air Force evaluations, applicant  asked
for clarification of what AETC/DOF’s specific  recommendation  in  his
case  is  (Exhibit  F).   The  Board  advised  the  applicant  of  its
understanding of AETC/DOF’s recommendation  in  the  applicant’s  case
(Exhibit G).

In his final response to the  Air  Force  evaluations,  the  applicant
indicated he is  in  compliance  with  the  guidelines  set  forth  in
AETC/DOF’s evaluation.   He  states  that  he  has  secured  a  flying
position with a Reserve unit and requests he be granted an age  waiver
if reinstated to training.  The applicant  resubmits  the  letters  of
support for his reinstatement into flying training provided  with  his
initial application.

The applicant’s complete response is at Exhibit H.

_________________________________________________________________

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 error or injustice.  After reviewing the  complete
evidence of record, including the analysis and  recommendations  of
the Air Force offices of primary responsibility (OPRs), we  believe
the applicant should be  granted  relief  with  certain  conditions
imposed.  We note that both Air Force advisories conclude  the  Air
Force erred in granting the applicant an Aeronautical Rating  Board
(ARB)  waiver  and  allowing  his  entry  into   the   Fixed   Wing
Qualification course.  Both  Air  Force  OPRs  propose  courses  of
action whereby the applicant could again apply for an  ARB  waiver.
However, in our view, the error that allowed the  applicant  to  be
placed into training for which he was not qualified resulted in his
not being afforded a fair opportunity for success  and  has  caused
him valuable time.  We believe a more equitable solution  would  be
to expunge the applicant’s record, as recommended by  HQ  AETC/DOF,
of all  references  to  the  previous  ARB,  the  ARB  waiver,  his
acceptance and elimination from FWQ training,  and  the  subsequent
revocation of  his  aeronautical  order.   Further,  the  applicant
should  be  placed  into  Joint  Specialized  Undergraduate   Pilot
Training provided he first secures  a  qualifying  flying  position
with an Air Force Reserve or Air National  Guard  fixed-wing  unit.
We also recommend he be granted any necessary waivers such  as  age
and total federal commissioned service if required.  We also concur
with the determination and rationale of both  Air  Force  OPRs  the
applicant’s Army aeronautical rating should not be converted to  an
Air Force  rating.   Therefore,  in  the  interest  of  equity  and
justice, we recommend  the  applicant’s  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.  All documents and references to his application to  the
Aeronautical Rating Board (ARB), the waiver granted by the ARB, his
selection and entry into Fixed Wing Qualification  (FWQ)  training,
his elimination from  FWQ  training,  and  the  revocation  of  his
aeronautical order be declared void and removed from his records.

        b.  Provided he secures a flying position with an Air Force
Reserve or Air National Guard flying unit, he then be entered  into
the first available Specialized Undergraduate Pilot Training (SUPT)
class.

        c.  He be granted any necessary waivers,  such  as  an  age
waiver and Total Active Federal Military Service  waiver,  required
for his entry into SUPT.

___________________________________________________________________

The following members of the Board considered Docket Number BC-2004-
01805 in Executive Session on 5 October 2004, under the  provisions
of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. James W. Russell, III, Member
      Ms. Peggy E. Gordon, Member

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

     Exhibit A.  DD Form 149, dated 15 Apr 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, HQ USAF/XOOT, dated 6 Jul 04.
     Exhibit D.  Memorandum, HQ AETC/DOF, dated 9 Aug 04,
                 w/atchs.
     Exhibit E.  Letter, SAF/MRBR, dated 13 Aug 04.
     Exhibit F.  Letter, Applicant, dated 21 Aug 04.
     Exhibit G.  Letter, AFBCMR, dated 1 Sep 04.
     Exhibit H.  Letter, Applicant, dated 3 Sep 04, w/atchs.




                                   RICHARD A. PETERSON
                                   Panel Chair


AFBCMR BC-2004-01805


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 XXXXXXX, XXXXXXX, be corrected to show that:

            a.  All documents and references to his application  to
the Aeronautical Rating Board (ARB), the waiver granted by the ARB,
his  selection  and  entry  into  Fixed  Wing  Qualification  (FWQ)
training, his elimination from FWQ training, and the revocation  of
his aeronautical order  be,  and  hereby  are,  declared  void  and
removed from his records.

            b.  Provided he secures a flying position with  an  Air
Force Reserve or Air National Guard flying unit, he then be entered
into the first available Specialized Undergraduate  Pilot  Training
(SUPT) class.

            c.  He be granted any necessary waivers, such as an age
waiver and Total Active Federal Military Service  waiver,  required
for his entry into SUPT.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency