RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00085
            INDEX CODE: 128.04
            COUNSEL:  None

            HEARING DESIRED:  Yes

MANDATORY CASE COMPLETION DATE:  8 Jul 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded 12 Operational Flying Duty Accumulator (OFDA) months for
the period he was assigned  to  a  non-flying  position,  which  would
entitle him to continuous Aviation Career Incentive Pay (ACIP) through
25 years of aviation service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He had expected a follow-on C-130 flying assignment to either  Germany
or Japan; he did not voluntarily turn down  a  flying  opportunity  or
decline an opportunity to  fly.   Unfortunately,  his  wife’s  medical
condition (Lupus) changed  their  plans  from  an  expected  voluntary
flying assignment to a non-voluntary assignment at  Scott  AFB,  which
the doctors had determined was the best place to station his  wife  to
accommodate her specialized medical  needs.   After  three  years,  he
received orders for a three-year flying assignment to Little Rock AFB.
 Up until Mar 95, he had accomplished 107 months of OFDA, and thus met
22 years of aviation service.  A three-year flying tour at Little Rock
AFB would have brought his OFDA to 144 months and extended his  flight
pay to 25 years.  He moved to Little Rock AFB in Mar 95 while his wife
remained  in  the  St.  Louis  area.   However,  his   wife’s   health
deteriorated and, on 21 Mar 97, he was reassigned back to  Scott  AFB.
His three-year tour at Little Rock was reduced to  two  years  and  he
accumulated 132 months of OFDA, instead of the expected 144 months.

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

_________________________________________________________________

STATEMENT OF FACTS:

The Aviation Career Improvement Act  (ACIA)  of  1989  authorized  the
Secretary of the Air Force (SAF) to waive OFDA requirements  based  on
the needs of the service for rated officers unable to meet flying gate
requirements due to reasons beyond their control.  In accordance  with
Title 37, USC, Section 301a and AFI 36-2110, para.  2.9.,  it  is  Air
Force policy that as many members as  possible complete  at  least  10
years of operational flying by their 18th year  of  aviation  service;
however, not all officers will fulfill  the  requirements  to  receive
ACIP through 25 years of aviation service.

Special Order No. AA-225, dated 15 Jan 97, directed the applicant to a
permanent change of station (PCS) from the AMC  Tank  Airlift  Control
Center at Scott AFB, IL, to the 61st Airlift Squadron at  Little  Rock
AFB, AR, with a report no later than (NLT)  date  of  31 Mar  95.   He
arrived at Little Rock AFB on 13 Mar 95, and was reassigned  to  Scott
AFB on 21 Mar 97.

The applicant, a navigator and a Reserve  lieutenant  colonel  with  a
date of rank of 19 Oct 04, was entitled to continuous ACIP through  22
years of aviation service.

The applicant’s request for an OFDA waiver was reviewed and denied  on
17 Sep 04 by HQ Air Force  Reserve  Command,  Director  of  Operations
(AFRC/DO), because it lacked sufficient justification that  he  failed
to meet OFDA requirements through no fault of his own.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ USAF/A3OT recommends denial.  They indicate the applicant completed
11 years of operational flying, accumulating 132 months of OFDA by his
18th year of aviation service.  Upon review of AFRC/DO’s position  and
lack   of   additional   supporting   documentation,   they    believe
reconsideration  of  the  applicant’s  OFDA  waiver  request  is   not
warranted.  Awarding OFDA and entitling him to continuous ACIP through
25 years of aviation service based  on  the  information  provided  is
contrary to public law established in the ACIA of 1989.  The applicant
remains qualified for  aviation  service  and  could  be  entitled  to
conditional ACIP providing he is assigned to an active flying position
and performs minimum monthly flying hour  requirements  set  forth  in
Title 37, USC, Section 301a and AFI 36-2110, para. 2.9.  The applicant
did not meet OFDA requirements within the  time  period  specified  by
public law and did not present sufficient  evidence  of  an  error  or
injustice that prevented him from meeting established requirements for
continuous entitlement to ACIP.

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 10 Feb 06 for review and comment within 30 days  (Exhibit
C).  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.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  After a thorough review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded he should be awarded additional OFDA months for  entitlement
to ACIP  through  25  years  of  aviation  service.   The  applicant’s
contentions are duly noted; however, we do not find these  assertions,
in  and  by  themselves,  sufficiently  persuasive  to  override   the
rationale provided by the Air Force.  We note HQ  AFRC/DO  denied  the
applicant’s request for an OFDA waiver in  Sep  04,  and  he  has  not
provided evidence convincing us that he  was  prevented  from  meeting
established requirements for continuous entitlement  to  ACIP.   Also,
according  to  HQ  USAF/A30T,  the  applicant  remains  qualified  for
aviation service and could be entitled to conditional  ACIP  providing
he is assigned to an  active  flying  position  and  performs  minimum
monthly flying hour requirements set forth in  statute.  We  therefore
agree with  the  recommendations  of  the  Air  Force  and  adopt  the
rationale expressed as the basis for our decision that  the  applicant
has not sustained his burden of having suffered either an error or  an
injustice.  In view of the above and absent persuasive evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought.

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  issue(s)   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  this  application  in
Executive Session on 23 May 2006 under the provisions of AFI 36-2603:

                 Ms. Cathlynn B. Sparks, Panel Chair
                 Mr. Jay H. Jordan, Member
                 Ms. Josephine L. Davis, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2005-00085 was considered:

   Exhibit A.  DD Form 149, dated 28 Dec 04 [sic], w/atchs,
                    received 5 Jan 06.
   Exhibit B.  Letter, HQ USAF/A3OT, dated 1 Feb 06.
   Exhibit C.  Letter, SAF/MRBR, dated 10 Feb 06.





                                   CATHLYNN B. SPARKS
                                   Panel Chair