Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2006-00342
Original file (BC-2006-00342.doc) Auto-classification: Approved

                       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




Similar Decisions

  • AF | BCMR | CY1998 | 9702241

    Original file (9702241.pdf) Auto-classification: Denied

    AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE MATTER OF: DOCKET NUMBER: 97-02241 COUNSEL: ANTHONY STEFANSON HEARING DESIRED: NO APPLICANT REOUESTS THAT: Applicant is the widow of a former service member, who requests that she receive the remaining annual payments of her deceased spouse's aviation continuation pay (ACP) for 1991 through 1996. AIR FORCE EVALUATION: The Retention Analyst, AFPC/DPAR, states that applicant's counsel incorrectly states that...

  • AF | BCMR | CY2007 | BC-2006-03453

    Original file (BC-2006-03453.DOC) Auto-classification: Denied

    In support of his appeal, he has furnished copies of numerous documents corresponding with the office of Senator Bill Frist, a Medical Board Report, dated 6 December 2004, numerous medical documents from St. Thomas Hospital, The Heart Group, and his military medical records, a synopsis of his Guard Career, a Timeline, a letter of indebtedness from the 118 AW/FMFPM, dated 26 October 2005, his DD Form 214, dated 28 February 2005, SO RX-626, dated, 2 March 2003, and SO RX-368, dated 4 January...

  • AF | BCMR | CY2000 | 9702272

    Original file (9702272.doc) Auto-classification: Approved

    The applicant was medically disqualified following a period of 180 days from the date he was placed on DNIF status and his entitlement to ACIP was terminated effective 17 April 1994. (Exhibit D) ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant accepted the recommended re-entitlement date of 8 August 1994 for his ACIP. Given that his waiver expired 31 March 1995, even if a subsequent waiver was not granted, he would...

  • AF | BCMR | CY2013 | BC 2013 04570

    Original file (BC 2013 04570.txt) Auto-classification: Approved

    The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. AIR FORCE EVALUATION: ARPC/DPAA recommends granting the applicant’s request noting a review of her records indicates she met all the qualifying criteria for the ACP (ARP) during the original eligibility period. At the time she submitted her signed FY12 ACP contract, a member of the administrative staff told her...

  • AF | BCMR | CY2006 | BC-2005-03755

    Original file (BC-2005-03755.doc) Auto-classification: Denied

    The Air Force Medical Service position, as stated in a letter dated 25 Jun 03, was that testing was not considered disqualifying in and of itself. The complete evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In his response to the Air Force evaluations, the applicant notes that AFI 48-123 disqualifies flyers from flying duty with a personal or family history of Huntington’s Chorea and that a waiver may...

  • AF | BCMR | CY1999 | 9900454

    Original file (9900454.doc) Auto-classification: Denied

    On 9 Apr 97, the Board recommended he be considered by an FEB to determine his qualification for aviation service and that the results of the FEB be forwarded to the Commander, AETC, for final determination of his qualification for aviation service. A complete copy of the Record of Proceedings, with a corrected directive, is attached at Exhibit C. On 5 Feb 98, a second FEB was convened to consider evidence concerning applicant’s professional qualifications, specifically lack of judgment and...

  • ARMY | BCMR | CY2004 | 20040009160C070208

    Original file (20040009160C070208.doc) Auto-classification: Denied

    By regulation, members who are qualified for aviation service Army aviators are entitled to receive monthly conditional ACIP only while serving in an operation flying position, and must meet monthly flight minimums to be eligible. The evidence of record confirms the applicant was medically diagnosed with coronary heart disease in October 1998. As a result of this disqualifying medical condition, the applicant’s ACIP was terminated by Department of the Army (DA) incentive pay officials,...

  • ARMY | BCMR | CY2002 | 2002072511C070403

    Original file (2002072511C070403.rtf) Auto-classification: Denied

    APPLICANT REQUESTS: In effect, that the orders which terminated his service and pay as an aviator be revoked, that he be reinstated to active duty as an aviator in military occupational specialty (MOS) 153D, that he be allowed to attend the aviation refresher course and maintenance test pilot (MTP) course at Fort Rucker, Alabama, that he be awarded the Senior Aviator Badge, and that he be paid Aviation Career Incentive Pay (ACIP) for the period of 22 February 1998 to 24 November 1999. ...

  • AF | BCMR | CY2013 | BC-2013-00332

    Original file (BC-2013-00332.txt) Auto-classification: Denied

    The complete BCMR Medical Consultant’s evaluation is at Exhibit F. ________________________________________________________________ APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: In a letter dated 7 January 2014, the applicant states that the BCMR Medical Consultant references his aeronautical achievements as one cause for his disapproval but he asks the Board to consider the environment that he flew in. The BCMR Medical Consultant references his Jan 2001 Aeromedical summary stating...

  • AF | BCMR | CY2005 | BC-2005-00129

    Original file (BC-2005-00129.doc) Auto-classification: Denied

    Aviator Continuation Pay (ACP) is the correct name and acronym to use when referring to what is commonly called “the pilot bonus.” DPAO contends he requested two waiver actions: a waiver for his ADSC and a waiver to the standard separation processing timelines. He further contends he, nor his ANG rating chain, were notified by SAF/PC that his ADSC waiver had been approved, and perhaps most importantly, that recoupment action of the ACP would begin. ...