RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02121
COUNSEL: NONE
HEARING DESIRED: YES
_______________________________________________________________
APPLICANT REQUESTS THAT:
He be reinstated as an F-16 pilot in the Oklahoma Air National
Guard, effective 9 Jan 12.
_______________________________________________________________
APPLICANT CONTENDS THAT:
He was unfairly discharged due to an unwarranted Flight
Evaluation Board (FEB) initiated on a single instrument flight
check incident.
The applicants complete submission, with attachments, is at
Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
The applicant served in the Oklahoma Air National Guard in the
grade of First Lieutenant (O-2) during the matter under review.
On 12 Dec 11, upon the completion of an instrument check ride,
a flight examiner determined the applicant did not properly fly
his non-precision approaches and was not in a position to
safely land. His flight was graded as a Q2 (The aircrew
member demonstrated the ability to perform duties safely, but:
(1) There were one or more area(s)/subarea(s) where additional
training was assigned. (2) A non-critical area/subarea grade
of U was awarded. (3) In the judgment of the flight examiner,
a Q2 may be given if there is justification based on Q-
performance in one or several areas/subareas), requiring him to
undertake two instrument simulators as additional training
support prior to his next flight
On 20 Dec 11, the applicant was notified by his wing commander
of his intent to recommend an FEB due to a Lack of
Proficiency in flying basic instruments. Specifically, a
determination was made that he displayed a lack of potential
for continued aviation service due to a history of regression
in basic and instrument flying skills, poor checkride
performance, and an unacceptable risk of a Class A mishap while
flying in instrument conditions. Furthermore, it was unlikely
he would be able to progress and complete an upgrade program
beyond wingman.
On 20 Dec 11, the applicant acknowledged receipt of the action.
On 9 Jan 12, the applicant was notified by his squadron
commander of his intent to recommend his discharge from the
Oklahoma Air National Guard for failure to achieve acceptable
standards of proficiency required of an officer of the same
grade. The specific reason for the action was a determination
that he failed to live up to standards of basic instrument
flying.
On 9 Jan 12, the applicant acknowledged receipt of the action
and, after consulting civilian counsel, waived his right to a
hearing before an administrative board and elected not to
submit a statement on his behalf.
On 10 Jan 12, the applicant was honorably discharged from the
Oklahoma Air National Guard and as a member of the Reserve of
the Air Force with the authority and reason for his separation
listed as AFI 36-3209, Paragraph 2.34.: Substandard
Performance of Duty Applicable Paragraphs 2.34.1. through
2.34.6., SPD: GHK. He was credited with 3 years, 11 months,
and 2 days of total service for pay.
_______________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PS recommends approval, indicating there is no compelling
documentation warranting the involuntary discharge from the Air
National Guard as a result of an F-16 qualification check-ride
accomplished on 12 Dec 11. The result of the checkride
warranted additional training but, by itself, was not
reasonable cause for a discharge. If the added training was
unsatisfactory and he had further documented difficulties, an
FEB would have been warranted. In most cases, additional
training would have been accomplished and the member returned
to unrestricted flight status. In this case, without the
opportunity for additional training and, if required, a FEB,
the isolated incident on 12 Dec 11 did not warrant an
involuntary separation.
A complete copy of the NGB/A1PS evaluation is at Exhibit C.
NGB/A3O recommends approval, indicating the results of the
applicants check-ride warranted additional training instead of
an involuntary discharge for flying capabilities.
A complete copy of the NGB/A3O evaluation is at Exhibit D.
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 20 Dec 12 for review and comment within 30 days.
As of this date, no response has been received by this office
(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 an error or injustice. After a
thorough review of the evidence of record and the applicants
complete submission, we believe the applicant has raised
sufficient doubt for us to call in to question the basis for
his discharge from the Air National Guard (ANG). In this
respect, we note the comments from the NGB/A3O indicating that
although there were noted difficulties with the applicants
instrument flying, the 12 December 2011 single check-ride
evaluation, in and of itself, was not sufficient to form the
basis of his involuntary discharge from the ANG. In our view,
the applicant should have been provided additional training to
correct the noted deficiencies prior to being considered for
discharge from the ANG for this single incident. We note that
reinstatement in the ANG is among the applicants requests.
However, inasmuch as the Board lacks the authority to reinstate
applicants into the ANG, we believe the proper and fitting
relief in this case would be to correct his NGB Form 22, National Guard Bureau Report of Separation and Record of
Service, to reflect the Authority and Reason for Separation and
separation program designator (SPD) code was Secretarial
Authority and KFF, respectively. With this recommendation,
the applicant is free to pursue his reappointment to ANG or Air
Force Reserve, provided he is otherwise qualified, in
accordance with the provisions of AFI 36-2005, Appointment
in Commissioned Grades and Designation and Assignment in
Professional Categories Reserve of the Air Force and United
States Air Force. Therefore, to preclude any further injustice
to the applicant, we recommend his records be corrected to the
extent indicated below.
_______________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that his
NGB Form 22, National Guard Bureau Report of Separation and
Record of Service, be corrected to reflect the authority and
reason for separation and separation program designator (SPD)
code was Secretarial Authority and KFF, respectively.
_______________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-02121 in Executive Session on 28 Feb 13 under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-02121 was considered:
Exhibit A. DD Form 149, dated 14 May 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/A1PS, dated 2 Jul 12, w/atch.
Exhibit D. Letter, NGB/A3O, dated 27 Sep 12.
Panel Chair
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