RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00342
INDEX CODE:
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 6 August 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His finance and medical records be corrected to show that he was
disqualified from flying status effective 13 Dec 05 rather than 26 Mar
05.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Numerous errors related to his flying medical evaluation board
resulted in the medical system disqualifying him from flying and
parachute duties 26 Mar 05 but notifications only indicated he was
disqualified from parachute duties. Despite his unsuccessful attempts
to query 435 AMDS it was in late Oct 05 when Flight Records requested
information that 435 AMDS used to rectify their errors. On 13 Dec 05
435 AMDS took action with Flight Records to ground him retroactive to
26 Mar 05, forcing a possible $20K hardship.
In support of the appeal, applicant submits a personal statement, a
copy of DD Form 2789, Waiver/Remission of Indebtedness Application, a
copy of a Memorandum for Record, with attachments, and an e-mail.
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant provided documentation to show that while his
disqualification for flying status was effective 26 Mar 05,
notification of disqualification action was not made to him or the
Ramstein Air Base Host Aviation Resource Management (HARM) office by
the 435th Aerospace Medical Squadron (AMDS) until 13 Dec 05. This
delay in reporting caused an overpayment of $5,002.50 in Aviation
Career Incentive Pay (ACIP) and $15,000.00 in Aviator Continuation Pay
(ACP) for a total of $20,002.50.
On 21 Mar 05, the 435 Aeromedical Squadron Flight Surgeon recommended
permanent Flying Class III disqualification for parachute jumping for
the applicant. On 26 Mar 05, HQ USAFE/SG approved disqualification
for FC III duties. No action was taken to disqualify the applicant
for FC II duties as a Navigator. According to HQ AFMSA/SGPA the
medical condition leading to applicant’s disqualification for FC III
duties would also disqualify him for FC II duties. Additionally, HQ
AFMSA/SGPA agrees that disqualification information was not
appropriately disseminated; appropriate notification should have been
made in Mar 05.
Upon receipt of the AF Form 1042, dated 13 Dec 05, indicating medical
disqualification effective 26 Mar 05, the Ramstein HARM office
published the AO to disqualify applicant and terminate Aviation Career
Incentive Pay (ACIP) effective 26 Mar 05. Applicant was not receiving
Hazardous Duty Incentive Pay (HDIP) for parachute duty during the
period in question, as he had not completed a qualifying parachute
jump since May 03.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ USAF/A3OT recommends denial of applicant’s request because the
error was not his medical condition leading to disqualification but in
the documentation and reporting of his disqualification for flying and
parachute duty.
A complete copy of the evaluation is at Exhibit C.
AFPC/DPAOT4 states, in accordance with Title 37 U.S.C. Section 301b
(g)(3), applicant is not authorized to receive payment for ACP if he
is not medically qualified.
A complete copy of the evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states, while there are some flaws in the advisory
opinions, neither addresses the critical points he would like the
Board to consider.
a. The 21 Mar 05 Medical Evaluation Board (MEB) summary written
by Lt Col (Dr) M--- never mentioned grounding from flight duty due to
a medical disqualification of his Flying Class (FC)-II physical, it
only grounded him from parachute duty due to a medical
disqualification of his FC-III physical.
b. His FC-II physical remained valid and he remained cleared for
flying until Dr. K--- executed an AF Form 1042 on 13 Dec 05.
c. For Lt Cols (Drs.)K--- and P--- to retroactively administer an
AF Form 1042 disqualifying him from flying duty based on the 21 Mar 05
MEB summary is not in accordance with Air Force Instruction 11-402.
In summary he states, in accordance with Title 37 U.S.C. Section
301b(g)(3), he should receive payment for ACP if he was medically
qualified for flight duty. He was medically qualified to fly until
Dr. K--- grounded him with his AF Form 1042, dated 13 Dec 05. Even
without a formal MEB recommending he be grounded from flight duty and
revoking his FC-II physical, he is willing to waive a second MEB and
accept that the action of 13 Dec 05 medically disqualified him from
flight duty…but not retroactive to the 21 Mar 05 disqualification from
parachute duty. The 13 Dec 05 AF Form 1042 was the first notification
that he was grounded from flight duty, and it should be used to
establish the date to cease ACIP and ACP payments.
He respectfully requests:
a. The AFBCMR consider 21 Mar 05 MEB invalid for the purposes of
nullifying his FC-II physical, disqualifying him from flying and
halting ACIP and ACP pay. The Board should act on the documentation,
rather than an implied intent on the part of Dr. M---.
b. The AFBCMR disregard the AFPC/BPAOT4 statement of fact
regarding Dr. M---‘s completion of an AF Form 1042.
c. The AFBCMR consider the two AF Form 1042s completed 13 and 16
Dec 05 by Drs. K--- and P--- as the first formal notification to him
and the 86th OSS HARM that he was disqualified from flying.
d. The AFBCMR approve his petition to correct his finance and
medical records to indicate his medical disqualification from flying
status is 13 Dec 05. He bases his request on fairness, documented
facts, and compliance with Title 37 U.S.C. Section 301b(g)(3) and AFI
11-402.
Applicant's complete response, with attachment, 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. Sufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. Applicant requests that his
finance and medical records be corrected to show that he was
disqualified from flying status effective 13 Dec 05 rather than 26 Mar
05. Applicant contends that numerous errors related to his flying
Medical Evaluation Board (MEB) resulted in the medical system
disqualifying him from flying and parachute duties on 26 Mar 05 but
notifications only indicated he was disqualified from parachute
duties. Despite his unsuccessful attempts to query 435th Aerospace
Medical Squadron (435th AMDS), it was in late Oct 05 when Flight
Records requested the 435th AMDS rectify their errors. On 13 Dec 05,
the 435th AMDS took action with Flight Records to ground him
retroactive to 26 Mar 05, forcing a possible $20K hardship After
thoroughly reviewing the applicant’s submission along with the
evidence of record, it is the Board’s opinion that corrective action
is warranted in this case. Therefore, it is the Board’s opinion that
his records should 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 he was medically
disqualified for flying and parachute duty on 13 December 2005.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2006-00342 in Executive Session on 12 July 2006, under the provisions
of AFI 36-2603:
Ms. B J White-Olson, Panel Chair
Ms. Debra K. Walker, Member
Ms. Judith B. Oliva, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Jan 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, USAF/A3OT, dated 3 Mar 06.
Exhibit D. Letter, AFPC/DPAOT4, dated 11 Apr 06.
Exhibit E. Applicant’s Response, dated 11 May 06.
Exhibit F. Letter, SAF/MRBR, dated 28 Apr 06.
B J WHITE-OLSON
Panel Chair
AFBCMR BC-2006-00342
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 APPLICANT, be corrected to show that he was
medically disqualified for flying and parachute duty on 13 December
2005.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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