RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04708
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to reflect that she completed her first
(12-year) Operational Flying Duty Accumulator (OFDA) gate.
________________________________________________________________
APPLICANT CONTENDS THAT:
Due to repeated lack of counseling she ultimately missed her 12-
year OFDA gate by what is essentially six days. She was
required to complete 96 months of flying by 20 Feb 08 to meet
her 12-year flying gate, but only completed 95 months. There
were numerous opportunities during her career to complete the
one additional month of flying, but she was never properly
advised or counseled by Flight Records or the Air Force
Personnel Center (AFPC) about the impact of her assignments on
meeting her flying gates.
On 10 Jul 01, she made a permanent change of station (PCS) move
from RAF Lakenheath, England after completing her first flying
assignment. Unbeknownst to her, gate months are recorded and
counted on an officers flight records for each month in which
more than half the month is completed. Had she PCSed on
16 Jul 01, she would have obtained one additional flying month
and achieved the required 96 months to meet her 12-year flying
gate without even flying one additional flight. Therefore, she
essentially missed her 12-year gate by six days. She was not
aware of this procedure at the time, and was not counseled.
In 2001, she planned on starting a family before continuing her
flying career, so she sought a non-flying position for her next
assignment. Although she accepted a flying assignment to
Whidbey Island NAS, she simultaneously declined to increase her
active duty service commitment (ADSC) beyond the two year ADSC
she currently had, choosing to seven-day opt after the end of
her remaining two years of service. Therefore, Whidbey Island
leadership would not accept her in the flying position. If that
assignment had not been cancelled, she would have made her 12-
year gate.
She was then given a two year assignment as an Air Liaison
Officer (ALO) at Fort Drum, NY, where her leadership pulled her
7-day opt paperwork to allow her to continue her career. When
her two years as an ALO was up, AFPC extended her at Fort Drum
as an ALO for one additional year as a non-volunteer because she
was a candidate for Intermediate Service School (ISS). Again,
neither Flight Records or AFPC counseled her on the impact a one
year extension in a non-flying position would have on her
ability to meet her 12-year flying gate.
After attending ISS in-residence, the Director of the Air Force
Senior Leadership Management Office (AFSLMO) offered her an
opportunity to build a Company Grade Officer (CGO) website
immediately upon graduation. Therefore, AFPC slipped the start
date of her flying requalification course from Jul 05 to Aug 05.
This additional month would also have counted toward meeting her
12-year gate, but neither Flight Records nor AFPC counseled her
on the impact of this slip on her making her 12-year gate.
Ultimately, after taking leave, she arrived at her next duty
station for her flying requalification course after the middle
of July. Had she arrived in the first half of July, July would
also have counted toward her gate month requirements. However,
she was still not aware of that fact and neither Flight Records
nor AFPC notified her that she was missing her last chance to
meet her 12-year gate. It was not until after she arrived at her
requalification course that Flight Records notified her that she
would miss her 96 month 12-year flying gate requirement by one
month and there was no longer any way to make it up.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
On 5 Mar 07, the applicant submitted an OFDA flying waiver to
obtain credit for her 12-year flying gate.
On 20 Jul 07, AF/A3O-A1F reviewed the applicants OFDA waiver
request and denied it because she was ineligible for an OFDA
waiver after selecting her seven-day option and a non-flying
assignment.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AF/A3O-A1F recommends denial indicating there is no evidence of
an error or an injustice. The Aviation Career Improvement Act
(ACIA) of 1989 authorized the Secretary of the Air Force to
waive OFDA requirements based on the needs of the service, of
rated officers unable to meet flying gate requirements due to
reasons beyond their control. In accordance with (IAW) Title 37
U.S.C, Section 301s and AFI 36-2110, Assignments, it is Air
Force policy that graduates of undergraduate flying training are
assigned to operational flying duties until they have completed
96 months of flying to the maximum extent possible. The
applicants flying assignment which would have enabled her to
accrue the 96 months of OFDA required to meet her 12-year gate
was cancelled after her decision for a seven-day option due to
lack of retainability. IAW AFI 11-401, Aviation Management,
aircrew members are required to accomplish a flight records
review annually. Flight records reviews are also required
during any permanent change of station (PCS) action. Based on
the PCS flight records documentation, she did not sign the
report validating the review of her flight records during her
PCS in 2001. The documentation also indicates her PCS reports
were dated 25 Jun 01; therefore, we cannot validate the flight
records office knew she was departing on 10 Jul 01. The
applicant was never denied the opportunity for a flying
assignment. IAW AFI 11-401, individuals who voluntarily turn
down a flying opportunity or elect to move to a non-flying
position which would preclude the possibility of meeting OFDA
requirements are not eligible for OFDA waivers. Awarding OFDA
and entitling her to continuous ACIP based on the information
provided is contrary to public law established in the ACIA of
1989. The applicant remains qualified for aviation service and
could be entitled to conditional ACIP providing she is assigned
an active flying position and performs minimum monthly flying
hour requirements.
A complete copy of the AF/A3O-A1F evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 10 Dec 12 for review and comment within 30 days.
As of this date, no response has been received by this office
(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. The applicant
contends that having completing 95 months of flying toward the
required 96 months to meet her 12-year flying gate, several
circumstances outside her control precluded her from attaining
96 months of flying credit within 12 years. While we note the
comments from AF/AO3-A1F concerning the impact on OFDA gates of
accepting a non-flying position and noting provisions of the
governing instruction that place the responsibility for the
review of flight records on the applicant, we believe a
preponderance of the evidence indicates the applicant was the
victim of an injustice. There were ample opportunities over
several years within the Air Force assignment system to allow
the applicant to complete the one additional month of flying
required to obtain her 12-year gate; however, neither the Air
Force Personnel Center nor Flight Records counseled her on her
situation or took appropriate action to ensure she obtained the
additional month. In fact, AF/AO3-A1F notes that on at least
one occasion she would have obtained the additional month of
flying credit had she simply delayed her permanent change of
station (PSC) assignment by one week. We also note the
unequivocal support the applicants former wing and squadron
commander asserting the applicant has been treated unfairly.
Therefore, in view of the above, we recommend her records be
corrected as indicated below.
4. The applicants 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 issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that on
15 February 2008 she completed 96 months of Operational Flying
Duty Accumulator (OFDA) flying and met her 12-year OFDA flying
gate.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-04708 in Executive Session on 9 Jul 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-2012-04708 was considered:
Exhibit A. DD Form 149, dated 1 Aug 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AF/A30-A1F, dated 21 Nov 12.
Exhibit D. Letter, SAF/MRBR, dated 10 Dec 12.
Panel Chair
_________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant indicated that the first and only notification he received regarding adding UPT gate months was AFPC’s Jul 95 letter. As a result of the policy change, the applicant had his records adjusted and fell one month short of his third gate under the ACIA of 1974. Prior to the policy change, the applicant fell 11 months short of his third gate credit.
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