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AF | BCMR | CY2005 | BC-2004-03074
Original file (BC-2004-03074.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03074
            INDEX CODE 100.07
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Specialized Undergraduate Pilot Training (SUPT) slot he earned  be
reinstated [and he be granted an age waiver] as an exception to policy
(ETP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was awarded a SUPT slot during the Fiscal Year 2003-2004  (FY03-04)
AF Reserve Officer Training Corp (AFROTC)  categorization  board.   He
was medically disqualified during his Jun 03 Flying  Class  1  medical
exam and lost his SUPT assignment upon  his  Dec  03  commission.   On
9 Sep 04, the Air Force Medical Service Agency (AFMSA) cleared him for
Flying Class 1 duties with an indefinite waiver.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned as a 2nd lieutenant in Dec  03  through
the AFROTC program at the University of TN.  He earned a SUPT slot  at
the Fiscal Year 2003-2004 (FY 03-04) categorization board and  was  to
attend SUPT at Columbus AFB in Feb 04.

However, subsequent to his Dec  03  commissioning,  he  was  medically
disqualified during a Jun 03 Flying Class 1 physical  for  correctable
visual defects.  The applicant attempted to obtain an ETP  through  HQ
ROTC but his package was never  forwarded  before  his  commissioning.
After commissioning, the applicant then resubmitted  his  ETP  package
through the Aeronautical Systems Center (ASC) commander, the Air Force
Material Command (AFMC) commander, and up to the  office  of  the  Air
Force Chief of Staff (CSAF).

The applicant did not receive  an  ETP  but  instead  was  granted  an
indefinite Flying Class 1 medical waiver from the AFMSA on 9 Sep 04.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAO advises that, since the applicant  was  selected  by  his
commission source for a pilot slot during FY03  and  was  subsequently
medically  disqualified,  his  pilot  slot  was  awarded  to   another
individual from the list  of  AFROTC  eligibles.   Each  commissioning
source is allocated a  certain  number  of  pilot  training  slots  as
established by HQ AF/DPPPR.  DPAO indicates it  is  not  within  their
authority to grant the applicant’s  request.   HQ  USAF/DPPP  reviewed
this request and recommended the applicant request an age waiver as an
ETP through established AFI 36-2205 policy since he  will  exceed  the
maximum age of 30 on 14 Dec 04.  Thereafter,  he  may  compete  for  a
pilot slot on the next active duty selection board scheduled for 8 Feb
05.

A complete copy of the evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 29 Oct 04 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________

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 to warrant granting a form of  the
requested  relief.   The  applicant  cannot  have  his  FY03-04   slot
reinstated since it has already been awarded  to  another  individual.
However, we are persuaded that  granting  him  an  age  waiver  as  an
exception to policy, and a UPT slot in the earliest possible class, is
appropriate.  In this regard, the System Program  Office  at  the  ASC
confirmed the applicant’s ETP request was never forwarded  before  his
commissioning and had to be resubmitted.  We believe  the  possibility
exists that, had the ETP package been forwarded in  a  timely  manner,
the applicant may not have lost his FY03 UPT slot.  Further, and  most
importantly, we note the strong endorsement from the AFMC commander, a
four-star general officer, who recommends this “smart. . . rock solid.
. . deserving lieutenant” be awarded an ETP waiver so he can obtain  a
UPT slot.  We note the applicant has  been  granted  a  waiver  for  a
Flying Class 1 physical  by  the  AFMSA.   However,  in  order  to  be
eligible for a UPT slot, he now needs an age waiver.  In view  of  the
above, we conclude an equitable  solution  would  be  to  correct  the
applicant’s records as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to  the  APPLICANT,  be  corrected  to  show  that  competent
authority approved his request  for  an  age  waiver  for  entry  into
Undergraduate Pilot Training and, provided he is otherwise  qualified,
he be entered  into  Undergraduate  Pilot  Training  in  the  earliest
possible class.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 25 January 2005 under the provisions of  AFI  36-
2603:

                 Ms. Peggy E. Gordon, Panel Chair
                 Ms. Renee M. Collier, Member
                 Mr. Patrick C. Daugherty, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2004-03074 was considered:

   Exhibit A.  DD Form 149, dated 24 Sep 04, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPAO, dated 20 Oct 04.
   Exhibit C.  Letter, SAF/MRBR, dated 29 Oct 04.





                                   PEGGY E. GORDON
                                   Panel Chair




AFBCMR BC-2004-03074




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     , be corrected to show that competent authority
approved his request for an age waiver for entry into Undergraduate
Pilot Training and, provided he is otherwise qualified, he be entered
into Undergraduate Pilot Training in the earliest possible class.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

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