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AF | BCMR | CY2007 | BC-2006-03247
Original file (BC-2006-03247.DOC) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03247
            INDEX CODE:  115.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  24 APR 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to reflect that she was entitled to 96 months
of Operational Flying Duty Accumulator (OFDA) credit, rather  than  95
months.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was awarded OFDA credit by an Aeronautical Order which would  have
given her at least 96 months of OFDA credit,  which  she  deliberately
planned to obtain before she separated from active duty.  However,  it
was revoked  one  month  prior  to  her  separation  because  she  was
erroneously given credit for a simulator flight by the flight  records
office, leaving her with 95 months of  OFDA  credit.   Had  she  known
earlier that the simulator flight did not  warrant  OFDA  credit,  she
would have been able to schedule a flight in an aircraft to ensure she
had her desired OFDA credit.  Therefore, she believes  the  revocation
was unjust.

In  support  of  her  appeal,  the  applicant  provided  an   expanded
statement, supportive statement, copies of  her  Aeronautical  Orders,
and other documents associated with the matter under review.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Regular Air Force, on  29
May 96.   She  was  honorably  discharged  on  22  Jan  06  under  the
provisions of AFI 36-3207 (Completion of Required Active  Service)  in
the grade of captain.  She was credited with 9 years, 7 months, and 24
days of active service.

On 23 Jan 06,  the  applicant  was  appointed  a  captain,  Air  Force
Reserve.

Information extracted from the Personnel Data System  (PDS)  indicates
the applicant is currently serving in the Air  Force  Reserve  in  the
grade of captain, with a date of rank (DOR) of 29 May 00.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letter prepared by the appropriate office of the  Air
Force.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ USAF/A3OT recommends denial noting  the  applicant  began  aviation
service on 16 Dec 96, and that prior to her separation, on 22 Jan  06,
she was briefed that she  would  accrue  96  months  of  OFDA  by  her
separation  date.   After  further  review  of  her  records,  it  was
discovered that Aeronautical Order Number  1078,  which  awarded  OFDA
credit effective 23 Aug 05, was  published  in  error  and  was  later
revoked by Aeronautical Order Number 246, reducing her OFDA creditable
months to 95.  According to HQ USAF/A3OT, the flight of  a  Helicopter
Simulator was erroneously counted as an OFDA  creditable  flight.   In
accordance with the governing instruction, for  a  member  to  receive
OFDA credit for a month, an individual must be assigned to primary  or
corollary duties that require flying and perform valid  flying  duties
in the current month or preceding three months  which  authorize  OFDA
credit.  Duties performed in an aircraft simulator are not  considered
flying duties and do not credit OFDA.

A complete copy of the HQ USAF/A3OT evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the  advisory  opinion  and  furnished  a  response
indicating that no single flight in the aircraft could  have  made  up
for the flight office error before her required separation  date,  and
that a later separation date was not  allowed.   She  counted  on  her
flight records to be true and correct before her separation.   In  her
view, she had no option to make up for the flight record office error.

Applicant’s complete response, with attachments, is at Exhibit D.

_________________________________________________________________

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.   After  a  thorough  review  of  the
available evidence, the majority of the Board believes that corrective
action is warranted in this case.  The majority  noted  the  applicant
was given OFDA credit on 23 Aug 05 for a Helicopter Simulator  flight.
However,  she  was  given  this  credit  in  error  as  the  governing
instruction does not allow OFDA credit  for  duties  performed  in  an
aircraft simulator.  As a result, on 7 Dec 05, the OFDA credit for the
simulator flight was revoked.  The  applicant  separated  from  active
duty on 22 Jan 06.  The applicant contends that had she known  earlier
the simulator flight was not creditable, she would have  taken  action
to ensure she had her desired 96  months  of  OFDA  credit.   However,
because of her required separation date, and the inability  to  extend
her separation date, time did not permit her to do so.   The  majority
notes it was nearly four months before the error  in  the  applicant’s
flight records was discovered and  the  23  Aug  05  OFDA  credit  was
revoked.  The majority believes it was reasonable for the applicant to
have assumed that her records were accurate and that she had  obtained
her 96 months of OFDA credit prior to her  separation.   Further,  had
she known in sufficient time that her records were in error  and  that
she lacked the intended OFDA credit, the majority is  of  the  opinion
she would have acted accordingly.  In view of the  foregoing,  and  in
the absence of evidence to the contrary, the  majority  of  the  Board
recommends the applicant’s records 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, as an  exception  to
policy,  her  Helicopter  Simulator  flight  on  23  Aug  06  was   an
Operational Flying Duty Accumulator (OFDA) creditable flight.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2006-03247 in Executive Session on 6 Feb 07, under the  provisions  of
AFI 36-2603:

      Mr. James W. Russell III, Panel Chair
      Ms. Mary C. Puckett, Member
      Mr. Joseph D. Yount, Member

By a majority vote,  the  Board  voted  to  correct  the  records,  as
recommended.  Ms. Puckett voted to deny relief but did not  desire  to
submit a minority report.   The  following  documentary  evidence  was
considered:

     Exhibit A.  DD Form 149, dated 14 Oct 06, w/atchs.
     Exhibit B.  Letter, HQ USAF/A3OT, dated 4 Dec 06.
     Exhibit C.  Letter, SAF/MRBR, dated 15 Dec 06.
     Exhibit D.  Letter, applicant, dated 8 Jan 07, w/atchs.




                                   JAMES W. RUSSELL III
                                   Panel Chair




AFBCMR BC-2006-03247




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 , be corrected to show that as an exception to
policy, her Helicopter Simulator flight on 23 August 2006 was an
Operational Flying Duty Accumulator (OFDA) creditable flight.







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency



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