MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
          FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  XXXXXXXXXXXXXXXXXXXXX, Docket No:  BC-2005-01189

      After carefully considering the circumstances of this case, I do not
agree with the opinion of the Board majority that the applicant’s request
should be denied.  To the contrary, I agree with the minority member of the
panel that the applicant’s request to void and remove his Air Force Forms 8
from his 8 March 2001 checkride and his 4 June 2002 commander directed
downgrade should be approved.

      The Air Force advisory asserts that the no-notice checkrides and the
commander directed downgrade were accomplished in accordance with Air Force
directives and local policies.  While that may be technically true, the
advisory fails to address the applicant’s allegations that the actions
against him were motivated by bias and a poisoned organization climate, and
relationship between his evaluation officers and himself.


      The records indicate that a Flying Evaluation Board (FEB) was convened
subsequent to the applicant’s evaluations in question.  The FEB recommended
the applicant not be entered into Aircraft Commander Upgrade training and
he be disqualified from aviation service.  However, the Chief of Air
Reserve non-concurred with the Board’s recommendation and cleared the
applicant to continue on flying status.  The applicant now contends a
review of the issues used against him shows a pattern by specific
individuals of going beyond the limit of the letter of law to find fault
with him without respect for the established programs, policies, and
regulations.  He believes that it is likely that members of his squadron
are motivated by their strong disagreement with his position on issues
pertaining to religious observations in the squadron and his views having
been published (after approval through command authorities) in a letter to
the editor to a local newspaper.


      The applicant does not ask us to remove from his record all references
to the FEB.  He does not even request that an unfavorable check-ride report
subsequent to the first one be removed.  He only asks that the paperwork
related to the two items he believes were motivated by bias be removed.  If
the AFBCMR grants his request, future commanders will still know that he
faced an FEB and that he is on flying status because the AFRC/CC overruled
the Board’s recommendation.  If the applicant enters upgrade training, his
suitability for additional flying responsibilities will be thoroughly
tested.

      Based on the above and after considering the evidence provided for my
review, I agree with the minority member of the panel that the applicant’s
request should be granted.




                                                                        JOE
G. LINEBERGER

Director
                                                                        Air
Force Review Boards Agency


AFBCMR BC-2005-01889




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 XXXXXXXXXXXXXXXXX, be corrected to show that the Air
Force (AF) Forms 8 from his 8 March 2001 no-notice checkride and 4
June 2002 commander directed downgrade, and any and all references
thereto, be, and hereby are, declared void and removed from his
records.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-01889
                                       INDEX CODE:  115.02
      XXXXXXXXXXXXXXXX                  COUNSEL: NONE

      XXXXXXXXXX                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Air Force (AF) Forms 8 from his 8 March 2001 no-notice checkride and  4
June 2002 commander directed downgrade be removed from his permanent flying
record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The 19 March 2001 no-notice checkride was administered against squadron and
wing policy.  The 4 June 2002 commander directed downgrade was administered
in violation of Air Force Instruction (AFI) 11-202V2.

In support of his application, he provides a personal statement and  copies
of evaluation policies, his Individual Flight Records, and AF Forms 8.  The
applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving as a Pilot in the Air Force  Reserve  in
the grade of captain  (O-3)  with  a  date  of  rank  of  1 November  2001.
According to the military personnel data system, the applicant has 16 years
of satisfactory service as of his retention/retirement anniversary date  of
10 July 2005.

An FEB was convened 17-19  November  2004,  to  develop  and  consider  the
applicant’s qualifications as an Air Force Reserve Pilot.   The  FEB  found
the applicant failed to meet proficiency standards and recommended  he  not
be entered in Aircraft Commander upgrade training and  he  be  disqualified
from aviation service.  The FEB  based  their  findings  on  the  applicant
failing three T-38 check rides while enrolled in EURO NATO Joint Jet  Pilot
Training; his removal from F-16 flying status on 25 August 1999 due to poor
situational  awareness,  lack  of  airmanship,  poor  air  discipline,  and
judgment as demonstrated on 4 December 1998 in a NORAD active air scramble,
and on 25 August 1999 in an F-16 air combat maneuvering  training  mission;
his failure of two AFI 11-202 flight evaluations; and  his  downgrade  from
mission ready KC-10 co-pilot to unqualified co-pilot by his commander after
poor performance in two consecutive commander  directed  training  programs
from 1 April 2002 to 3 May 2002, and from  6  May  2002  to  3  June  2002,
resulting from marginal performance during his  KC-10  quarterly  refresher
simulator training on 26 March 2002.

On 8 March 2005, AFRC/JA found the FEB package to  be  legally  sufficient.
On 2 May 2005, the Chief Air Force  Reserve  Command  disapproved  the  FEB
findings and  cleared  the  applicant  for  continued  flying  as  a  fully
qualified pilot.

_________________________________________________________________

AIR FORCE EVALUATION:

AFRC/ADO recommends disapproval of the  applicant’s  request.   ADO  states
coordination with AFRC/DOV and review of the wing/unit policies reflect the
actions in question were accomplished in accordance with AFI  11-202V2  and
the local policies.  The ADO evaluation, with attachments, is at Exhibit C.


_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

His record shows he has consistently met and exceeded  standards.   He  has
been a willing combat volunteer and has received praise for his service  in
that capacity.  Despite this, a small group of officers attempted to remove
him from aviation service without a valid cause.  The no-notice  checkrides
and commander directed downgrade were integral parts  of  these  groundless
efforts that were overturned by the Chief, Air Force Reserve  Command.   He
wishes to have any unfair assessments of  his  performance  and  downgrades
removed from his record.  The direct violation  of  Air  Force  regulations
involved in each clearly makes their removal  essential.   The  applicant’s
rebuttal, with attachments is at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or
regulations.

2.  The application was timely filed.

3.  A majority of the Board panel finds that insufficient relevant  evidence
has been presented  to  demonstrate  the  existence  of  probable  error  or
injustice.  The majority of the Board does not find  the  evidence  provided
sufficient to warrant favorable consideration  of  the  applicant’s  request
that  the  contested  documentation  be  removed  from  his  records.    The
applicant  asserts  that  the  19  March  2001  no-notice  checkrides   were
administered against  squadron  and  wing  policy;  and,  the  4  June  2002
commander directed downgrade was administered in violation of AFI  11-202V2.
 However, the Board majority finds no persuasive documentation was  provided
to support this contention.  The majority notes  the  comments  provided  by
the Air Force office of  primary  responsibility  that  these  actions  were
accomplished in accordance with AFI 11-202V2 and  the  local  policies.   In
view of the above and in the  absence  of  evidence  showing  the  contested
evaluations are an  inaccurate  depiction  of  his  performance  during  the
referent period, a majority  of  the  Board  agrees  with  the  opinion  and
recommendation  of  the  Air  Force  office   of   primary   responsibility.
Accordingly, his request to remove his AF Forms 8 from his 19 March 2001 no-
notice checkrides and the 4 June 2002 commander directed downgrade from  his
records is not favorably considered.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 19 January 2006, under the provisions of AFI 36-2603:

            Mr. Michael K. Gallogly, Panel Chair
            Mr. James A. Wolffe, Member
            Ms. Jean A. Reynolds, Member

Mr. Gallogly and Ms. Reynolds voted to  deny  the  application.   Mr. Wolffe
voted to correct the record as requested and submitted  a  minority  report.
The following documentary evidence for AFBCMR  Docket  Number  BC-2005-01889
was considered:

      Exhibit A.  DD Form 149, dated 2 Jun 05, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFRC/ADO, dated 20 Jul 05, w/atchs.
      Exhibit D.  Letter, SAF/MRBR, dated 22 Jul 05.
      Exhibit E.  Applicant’s Rebuttal, dated 17 Aug 05.




                                                   MICHAEL K. GALLOGLY
                                                   Panel Chair