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AF | BCMR | CY2005 | BC-2004-03466
Original file (BC-2004-03466.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03466
            INDEX CODE:  115.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Undergraduate  Pilot  Training  (UPT)  slot  he  earned  prior  to
graduation from the Air Force Academy be reinstated, his  primary  Air
Force Specialty Code (AFSC) be changed to 92T0, and he be enrolled  in
a UPT class as soon as possible.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His UPT slot was taken away due to  an  injury.   He  has  since  been
medically cleared to enter pilot training.

In support of his appeal, the applicant provided personal  statements,
supportive statements, and an Aeromedical Summary.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant; Reserve of the Air Force,
on 28 May 03 and was voluntarily ordered to extended active duty.

Information extracted from the Personnel Data System  (PDS)  indicates
the applicant is currently serving on active  duty  in  the  grade  of
second lieutenant.  He has been projected for promotion to  the  grade
of first lieutenant, effective and with a date of rank (DOR) of 28 May
05.  His Total Active Federal Military Service Date (TAFMSD) is 28 May
03.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAO noted the applicant lost his pilot training slot due  to  an
accident while riding a motorcycle in May 02.  Based  on  his  medical
condition at that time, he was medically disqualified.  The injury  he
sustained required a one-year post  accident  evaluation  and  another
Aeromedical Consultation Service (ACS) evaluation.  On 27 Sep 04,  the
applicant was granted a waiver, making him  medically  acceptable  for
flying class one (1) duties.

According to AFPC/DPAO,  since  the  applicant  was  selected  by  his
commission  source  for  a  pilot  slot  and  subsequently   medically
disqualified, his pilot slot was awarded  to  another  individual,  as
each commission source is allocated a certain number of pilot training
slots.  AFPC/DPAO recommended denial of the  applicant’s  request  the
pilot training slot he  was  awarded  at  the  Air  Force  Academy  be
reinstated; however, he should be  allowed  to  compete  for  a  pilot
training slot at the next available selection board.

A complete copy of the AFPC/DPAO evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  10
Dec 04 for review and response.  As of this date, no response has been
received by this office (Exhibit C).

_________________________________________________________________

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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility (OPR) and adopt its rationale as  the
basis for our conclusion the applicant has not been the victim  of  an
error or injustice.  The evidence of record  indicates  the  applicant
was  injured  in  a  motorcycle   accident.    A   determination   was
subsequently made  that  he  was  medically  disqualified  for  flying
training.  As a result, his pilot training slot was awarded to another
individual, since only a  certain  number  of  slots  were  allocated.
While we find his situation to be unfortunate, it now appears  he  has
been medically cleared for flying class duties,  and  is  eligible  to
compete for a pilot training  slot.   Therefore,  in  the  absence  of
sufficient evidence he was treated differently from  others  similarly
situated, we find no compelling basis to recommend granting the relief
sought in this application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2004-03466 in Executive Session on 3 Mar 05, under the  provisions  of
AFI 36-2603:

      Mr. Wayne R. Gracie, Panel Chair
      Mr. John B. Hennessey, Member
      Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Nov 04, w/atchs.
    Exhibit B.  Letter, AFPC/DPAO, dated 2 Dec 04.
    Exhibit C.  Letter, SAF/MRBR, dated 10 Dec 04.




                                   WAYNE R. GRACIE
                                   Panel Chair

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