RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00843
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Operational Flying Duty Accumulator (OFDA) or gate be
corrected.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His records were improperly coded from August 1996 through
January 1999. Due to the lack of C-5 training allocations, he
was unable to qualify in the aircraft. He was improperly coded
as unqualified. He has 143 OFDA months and 144 months are
required to receive Aviation Career Incentive Pay (ACIP) through
25 years of service. Headquarters Air Force Reserve Command sent
a waiver request to the Air Staff; however, it was returned
without action. Had his records been properly coded, he would
not need a waiver.
In support of his appeal, the applicant provides a copy of the
waiver request package.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of lieutenant colonel (O-5) with a date of rank of
1 October 2007. He has a Total Active Federal Military Service
Date of 28 December 1997 and a Total Federal Commissioned Service
Date of 4 February 2006.
The remaining relevant facts extracted from the applicant service
records are contained in the evaluation by the Air Force office
of primary responsibility at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
USAF/A30-AT recommends denial. A30-AT states that the
applicants record should have been coded with a Flying Status
Code (FSC) K during the time period he was assigned to the C-5
unit as a C-130 pilot. However, he is not entitled to OFDA
months in this FSC, as it was (and still is) coded as an inactive
FSC. The applicants OFDA waiver request was denied in
accordance with Air Force Instruction (AFI) 11-401, paragraph
2.8.1, which indicates By direction of the SECAF, third gate
waivers, for individuals to receive ACIP or CEFIP through
25 years of aviation service when OFDA requirements have not been
met, will not be considered.
A30-AT states the applicants aviation service history has been
corrected to reflect the FSC K rather than S for the period
from 2 August 1996 to 10 January 1999. This does not entitle him
to any additional OFDA, because FSC K reflects an inactive
period of service.
The complete A30-AT evaluation is at Exhibit B.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He respectfully disagrees with the Air Force advisory opinion.
The Air Force advisory author only quotes part of the AFI
paragraph which supported the original Return without Action on
his waiver request. The entire AFI 11-401, paragraph 2.8.4 reads
Months lost due to time under flying status code K (inactive-
lack of support) do not meet OFDA waiver criteria unless the
officer or CEA was assigned to a unit undergoing draw down or
conversion to an aircraft in which the individuals specialty was
not required (i.e., an F-4 navigator assigned to a unit
converting to single-place fighters), or when the unit aircraft
was operationally grounded (paragraph 1.3.2). Individuals must
meet both K code and draw down, conversion, or grounding criteria
to be considered for a waiver. EXCEPTION: Members in active
flying status assignments assigned flying status code K while
deployed TDY to non-flying assignments IAW Table 2.6, are
eligible for waiver consideration.
The advisory author did not refer to the statement when the unit
aircraft was operationally grounded. While his units C-5s were
not grounded, the Flying Training Units (FTU) aircraft at Altus,
Air Force Base (AFB), Oklahoma, were grounded by 19th Air Force
for a time due to safety issues relating to the maintenance
conversion from military blue suit to a civilian contractor.
Even after 19th Air Force cleared Altus AFB to fly, maintenance
issues remained. As noted in his appeals package, due to Altus
inability to provide C-5 training slots, his unit requested a
waiver to accomplish his aircraft qualification in-house. This
request was denied by Headquarters Air Education and Training
Command. By correcting his time to the proper K status, it
confirms the grounding and subsequent maintenance issues at Altus
AFB which prevented him from qualifying in the aircraft his unit
operated. According to the full paragraph 2.8.4, gate months
should have been accrued.
AFI 11-401, paragraph 2.8.1, that A30-AT quotes was a change to
the AFI with the March 2007 revision. What did not change was
when one could apply for a waiver. While he waited for the
waiver window to open, the AFI was revised and the rules changed.
He was simply caught in the transition. AF/A30-ATF made a point
that his request came in well after the AFI had changed and
therefore, his waiver would not be considered. His waiver should
have been considered under the AFI in effect when the error
occurred. Had he not been required to wait, a waiver request
would have been filed when he discovered the gate month error in
2003. There was a documented failure to support and it meets the
requirements of AFI 11-401 for gate month credit.
The applicants complete rebuttal, 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 an injustice. After a thorough
review of the facts and circumstances of this case, we are
persuaded that corrective action is warranted. We note that in
2002, prior to him departing the 68th Airlift Squadron, the
applicant was assured he had obtained the required 144 OFDA
months. The applicant states and we believe had he known he only
had 143 months OFDA he would have delayed his reassignment to
allow him to obtain the additional month. Furthermore, based on
the strong support he received from the Commander, Air Force
Reserve Command and in the absence of a basis to question the
integrity of this individual, we recommend that any doubt be
resolved in favor of the applicant. Therefore, we recommend the
applicants 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 competent
authority awarded him an additional one (1) month of Operational
Flying Duty Accumulator (OFDA) credit, for a total of one hundred
forty-four (144), with entitlement to Aviation Career Incentive
Pay (ACIP) until his 25thyear of aviation service.
The following members of the Board considered AFBCMR Docket
Number BC-2010-00843 in Executive Session on 2 November 2010,
under the provisions of AFI 36-2603:
, Panel Chair, Member,Member
All members voted to correct the record as recommended. The
following documentary evidence was considered in connection with
AFBCMR Docket Number BC-2010-00843:
Exhibit A. DD Form 149, dated 23 Feb 10, w/atchs.
Exhibit B. Letter, AF/A30-AT, not dated.
Exhibit C. Letter, SAF/MRBR, dated 16 Apr10.
Exhibit D. Letter, Applicant, dated28 Apr 10, w/atchs.
Panel Chair
4
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