RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            21 July 2005
      DOCKET NUMBER:   AR20040008404


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Robert J. Osborn              |     |Member               |
|     |Ms. Brenda K. Koch                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be granted an age waiver for
entry into the Warrant Officer Flight Training (WOFT) program.

2.  The applicant states, in effect, he believes based on his level of
civilian education, his enlisted service record and his prior flight
training, he should be accepted into the WOFT program.

3.  The applicant provides four letters of recommendation from aviation
warrant officers in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is an active duty enlisted Soldier who holds the rank of
specialist (SPC) and the military occupational specialty (MOS) 15U
(Helicopter Repairer).

2.  On 18 March 2004, the Director, Aviation Personnel Proponency, United
States Army Aviation Center and Fort Rucker, notified United States Army
Recruiting Command (USAREC) that an age waiver request made on behalf of
the applicant in connection with his application for entry into the WOFT
program was not favorably considered.  This official indicated the
applicant would turn
35 years of age on 20 July 2004 and far exceeded the age prerequisite for
WOFT, which were that applicants must not have reached their 29th birthday
at the time the Department of the Army (DA) selection board, and that they
must not have exceeded 30 years of age upon commencement of flight
training.

3.  In connection with the processing of this case, an advisory opinion was
obtained from the Chief, Officer Career Policy Branch, Office of the Deputy
Chief of Staff, G-1.  This DA official indicates administrative action is
not appropriate in the applicant’s case.  She states the applicant’s
disappointment in not being able to compete for a place in the very popular
WOFT program is understood, but the Army continues to receive many more
fully qualified applications for flight training that meet all age criteria
than there are training opportunities.  This official confirms the Army’s
need for applications is the determining factor in the decision to consider
granting age waivers for the program, and there is no need to grant a
waiver in the applicant’s case.  She further states it is important for the
Army to manage the age policy for flight school attendance and by remaining
consistent in application of age controls, the Army eliminated its senior
pilot concerns of the past.

4.  On 12 December 2004, the applicant provided a rebuttal to the DA G-1
advisory opinion.  He states his attempts to enter the WOFT program
precedes his becoming an active duty Soldier.  He claims procrastination
was not a part of the reason he faces the current dilemma, and this
situation resulted from his being intentionally misled by recruiters.  He
further states that an exception to policy should be granted in his case
based on his educational background, prior flight training and record of
military service.

5.  The applicant provides four letters of recommendation from four
aviation warrant officers, who all highly recommend the applicant.  They
also affirm that he possesses the characteristics needed for entry into the
WOFT program.

6. Army Regulation 611-110 (Selection and Training of Army Aviation
Officers)
sets policies and procedures for selecting officers, cadets, and officer
candidates for training leading to the award of an aeronautical rating of
Army aviator.  Chapter 2 contains prerequisites for flight training
eligibility.  It states, in pertinent part, that to be eligible for
selection for flight training, an individual must be older than 18, but not
more than 32 years of age at the start of flight training.

7.  Paragraph 4-4 of the same regulations outlines flight training
selection procedures.  It states that flight training quotas are
established to meet Army requirements.  The number of fully qualified
applicants usually exceeds available training quotas.  Applicants are
selected on a best-qualified basis.  Flight training selection boards are
convened at DA as needed to consider cadet, candidates, and active duty
officers for initial entry rotary wing flight training.  Application
periods for active duty applicants will be announced by DA message.  It
further states, in pertinent part, that selection boards consider the
prerequisites outlined in chapter 2 during the selection process.  The
regulation provides no specific prerequisite waiver policy.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be granted an age waiver to
attend WOFT based on his educational background, prior flight training and
military service record and the supporting documents he submitted were
carefully considered.  However, by regulation, flight training quotas are
established to meet Army requirements, and the number of fully qualified
applicants usually exceeds available training quotas.  Further, the
regulation establishes that applicants must not be older than 32 years of
age at the start of flight training, and the policy in effect at the time
the applicant applied for the program set the maximum age at 30 years of
age.
2.  The evidence of record confirms the applicant turned 35 years of age on

20 July 2004.  As a result, he clearly exceeds the regulatory maximum age
requirement for WOFT.  The applicant’s qualifications, as outlined in the
letters of recommendation provided by Army aviators, and his outstanding
educational background and record of service are not in question.  However,
these outstanding attributes are not sufficiently mitigating to warrant
reversing established Army policy and prerequisites for attendance at WOFT.
 Therefore, there is an insufficient evidentiary basis to support granting
the requested relief in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JI ___  ___RJO _  ___BKK _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





            ____John Infante_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040008404                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/07/21                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr.Chun                                 |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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