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AF | BCMR | CY2008 | BC-2007-03983
Original file (BC-2007-03983.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-03983
                                             INDEX CODE:  115.03
      XXXXXXXXXXXXXX                    COUNSEL:  NONE

                                             HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

He be permanently awarded the Air Force Enlisted Aircrew Badge (Basic).

________________________________________________________________

APPLICANT CONTENDS THAT:

Air Force Instruction (AFI) 11-402, Table 9.1, Line 2, clearly  states  that
12-months on flying status is the required duration to be awarded  the  Non-
Rated Enlisted Aircrew Badge, and he has met this criteria.

In support of his appeal, he has provided copies of AFI 11-402,  Table  9.1,
Line 2, dated 29 July 2003,  aeronautical  orders  verifying  flight  status
from 13 November 1991 to 24 May 1993, an AF Form 8, Certificate  of  Aircrew
Qualification,  dated  26  April  1992,  and   AF   Form   702,   Individual
Physiological Training Record.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air National Guard  (ANG)  in  the
grade of major, and previously served  as  an  enlisted,  non-rated  aircrew
member from 13 November 1991 to 24 May 1993.

________________________________________________________________

AIR FORCE EVALUATION:

USAF/A3O-AT recommends denial of the applicant’s request  due  to  the  fact
that he did not meet the requirements of Air Force  Regulation  (AFR)  60-13
for permanent award of the Badge.

AFR 60-13 (Change 1), dated 18 May 1987, paragraph  7.5(1),  which  was  the
policy in effect during the applicant’s period of Aviation  Service,  states
that to permanently award the badge, a  member  must  be  assigned  to,  and
perform primary duty as, an  aircrew  member  for  a  total  of  24  months.
Although subsequent AFIs have varying requirements, they  do  not  apply  to
the applicant’s  period  of  service.   The  current  instruction  governing
Aeronautical Ratings  and  Badges,  AFI  11-402,  dated  25 September  2007,
requires 36 paid-months of Operational Flying.

The USAF/A3O-AT evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation  was  forwarded  to  the  applicant  on  1
February 2008, for review and comment, within 30 days.  However, as of  this
date, no response has been received by this office.

________________________________________________________________

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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion  that
the applicant has not been  the  victim  of  an  error  or  injustice.   The
applicant’s contentions are noted; however, the  AFI  extract  he  furnished
was not the policy in effect during his period of Aviation Service, and  the
evidence indicates he did not have the requisite 24-months for award of  the
badge during his period of Aviation Service.  Therefore, in the  absence  of
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought in this application.

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  Docket  Number  BC-2007-03983
in Executive Session on 13 March 2008, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Ms. Karen A. Holloman, Member
                       Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Dec 07, w/atchs.
    Exhibit B.  Letter, USAF/A30-AT, dated 16 Jan 08, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 1 Feb 08.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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