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AF | BCMR | CY2009 | BC-2008-02587
Original file (BC-2008-02587.DOC) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02587
            INDEX CODE:  113.04
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be released from her 10-year Active Duty Service Commitment (ADSC).
_________________________________________________________________

APPLICANT CONTENDS THAT:

Because she was medically disqualified from  the  pilot  career  field,  she
believes her ADSC is in error.  She has  a  pre-existing  medical  condition
which disqualified her from flying.  She incurred  the  ADSC  by  completing
pilot training and is now unable to fly.  She feels  that  her  ADSC  is  an
injustice because she is not a pilot.

The disqualifying condition has been documented  by  military  and  civilian
doctors; however, it was overlooked prior to the  completion  of  her  pilot
training.  She was officially disqualified from flying in December 2007.

In support of her request, the applicant has provided a  personal  statement
and copies of civilian and military medical reports.

Her complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
indicates the applicant is currently serving on active duty in the grade  of
first lieutenant, having assumed that grade effective and  with  a  date  of
rank (DOR) of 4 April 2007.

She graduated from Undergraduate Pilot Training (UPT)  on  17 November  2006
at which time she incurred the 10-year ADSC.  Her current  ADSC  expires  16
November 2016.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPS recommends denial.  DPS  states  that  the  applicant  successfully
completed  pilot  training  and  incurred  the  appropriate  ADSC  for  that
training.  She incurred a 10 year ADSC for  the  actual  training  completed
and not for the understanding that she would continue as  a  pilot  for  the
duration of the     10-year commitment.

DPS states that IAW AFI 36-3207, she may request a waiver  or  an  exception
to policy prior to completing her current ADSC if she  desires  to  separate
from the Air Force.

The complete DPS evaluation, with attachment, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that her 10-year ADSC  should  have  never  been  incurred.
The medical personnel were in error by not thoroughly reviewing her  medical
records which would have prompted them to request a  waiver  or  permanently
disqualify her from UPT.  However, the medical personnel did not pursue  the
disqualifying factors at initial inception.   Her  medical  records  clearly
document her eye condition as a pre-existing  condition,  which  would  have
made her ineligible to complete the  pilot  training,  except  she  was  not
disqualified until after she completed the training.

She may decide to continue in the Air Force, on the other hand she may  want
to request to separate; nonetheless, she would like the choice  to  be  hers
and not that of the Air Force.

Her complete response 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 an injustice warranting corrective action.  In this regard,  in
support of her appeal the applicant provided  substantive  evidence  showing
that prior to entering pilot training, an eye condition existed that in  the
opinion of her physicians, hindered her ability to  become  a  navigator  in
the Air Force.   However,  it  appears  that  in  spite  of  the  documented
existence of the eye condition, she was allowed  to  enter  pilot  training,
and it was not until she completed UPT and incurred the  10-year  ADSC  that
the decision was made to disqualify her from aviation service.   It  is  our
opinion, that had the appropriate measures occurred prior to her  completion
of UPT, she  would  have  been  disqualified  from  flying  duties  and  not
incurred the ADSC.  Therefore, we recommend that the 10-year  ADSC  incurred
as result of her completion of UPT be voided and any  prior  ADSC  that  she
may have incurred remain in effect.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show  that  her  10-year  Active  Duty  Service
Commitment (ADSC) she incurred upon completion of  the  Undergraduate  Pilot
Training course be declared void.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2008-
02587 in Executive Session on 24 September 2008,  under  the  provisions  of
AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Kurt LaFrance, Member
      Ms. Debra Walker, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 July 2008, w/atchs.
    Exhibit B.  Letter, AFPC/DPS, dated 25 July 2008, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 8 August 2008.
    Exhibit D.  Letter, Applicant, 27 August 2008, w/atch.




                             CHARLENE M. BRADLEY
                                             Panel Chair

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