RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00204

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

The date of his medical disqualification be changed from 23 October 2000 to 17 November 2000.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letters prepared by the appropriate office of the Air Force.  Accordingly, there is no need to recite these facts in this Record of Proceedings.

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AIR FORCE EVALUATION:

The Chief, Physical Standards Branch, AETC/SGPS, reviewed the application and states that there is no sound basis to change the date of medical disqualification since all reviews and decisions were made on 24 October 2000.  Therefore, they do not support applicant’s request.

A complete copy of the evaluation is at Exhibit C.

The Chief, Aviation Continuation Pay/Phoenix Aviator, AFPC/DPAOY, reviewed the application and states that the Air Force made no technical errors, nor did they identify any irregularities or injustices in the processing of the applicant’s package regarding his flying status.  However, the Board may determine the case warrants special consideration based on the applicant’s compelling personal situation and unusual circumstances and direct that the date of his medical disqualification be changed to a date after 16 November 2000.  Such action will allow him to receive his 2001 Aviation Continuation Pay (ACP) installment. 

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

The applicant reviewed the evaluations and provided a response that is at Exhibit E.

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ADDITIONAL AIR FORCE EVALUATION:

On 29 March 2001, the Board requested additional comments from the Air Force concerning applicant’s allegation that he was assured by one of the highest ranking general officers that he would receive the 2001 ACP installment.

In response to the Board’s request, AFPC/DPP provided an additional advisory which is attached at Exhibit F.

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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  Applicant contends that he was assured by one of the highest ranking general officers in the Air Force that he would receive his 2001 ACP installment.  While the evidence before this Board does reveal that the applicant had been expecting the continuation pay in question, the majority of the Board is not persuaded that he was promised or was directly informed that he would received the 2001 ACP installment.  The applicant was involved in a helicopter accident and suffered head trauma, lost his sense of touch and taste, and lost of his right eye.  The Board notes the injuries received in the incident; however, since he was found permanently disqualified from aviation service prior to receiving the installment, the majority of Board does not believe he is entitled to the relief requested.  The majority of the Board also finds, while it was very unfortunate that the applicant was injured, no evidence has been presented showing that he was treated any differently than any other individuals similar situated.  Therefore, the majority of the Board recommends denial of the application.

4.	The applicant’s 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 issue(s) involved.

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RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered this application in Executive Session on 29 March 2001 and 13 April 2001, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

By a majority vote, the Board recommended denial of the application.  Ms.  voted to grant the relief requested; however, she does not desire to submit a minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Jan 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AETC/SGPS, dated 12 Feb 01.
    Exhibit D.  Letter, AFPC/DPAOY, dated 21 Mar 01.
	Exhibit E.  Letter, Applicant, dated 28 Mar 01.
	Exhibit F.  Letter, AFPC/DPP, dated 11 Apr 01.

                                   
                                   Panel Chair