RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01805
		INDEX CODE:  128.04

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be changed to reflect current flight physical of March 2001, in order to reverse the debt of $5,600.00 due to extenuating circumstances surrounding his case.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Extenuating circumstances associated with PCS move to Washington DC for senior Service School resulted in lapse of eligibility for flight pay from May 2001 to December 2001.  He underwent a physical at State Department in March 2001.  His request for a change to his records aligns his current physical date and AF Form 1042 with State Department physical.

In support of the appeal, applicant submits a personal statement, proof of physical while attending State Department Senior Seminar, proof of completion of the Marine Corps Marathon, and a letter from the DOD Legal Service Agency denying a waiver of his debt submitted to the Defense Finance and Accounting Service (DFAS).

Applicant's complete submission, w/attachments, is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a rated officer who is currently serving on extended active duty in the grade of colonel.  Information extracted from the Personnel Data System (MilPDS) reveals that his Total Active Federal Military Service Date (TAFMSD) is 1 June 1983.  His Aviation Service Date (ASD) is 3 October 1983.  From documents provided by the applicant, it appears that the applicant was placed in a Duty Not To Include Flying (DNIF) status because of medical disqualification on 11 May 2000.  The applicant thereafter departed his duty station, Aviano AB, Italy to perform duties as a student at the Air University, Washington, D.C., with an effective date of duty of 27 July 2000.  Effective 2 July 2001, he was assigned to duties at his new duty station (the Pentagon, Washington, D.C.).

The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force. 

_________________________________________________________________

AIR FORCE EVALUATION:

HQ USAF/XOOT states that they agree with DFAS that in accordance with DOD Financial Management Regulation 7000-14R, Volume 7A, Chapter 22, para 220210 and AFI 11-402, para 3.7.2.1.2.  Applicant should have been medically disqualified on the first day following 365 days of medical incapacity.  Therefore, Andrews AFB Flight Management Office (FMO) was correct to medically disqualify applicant upon receipt of his Flight Record Folder (FRF) effective 11 May 2001, 365 days from the 11 May 2000 Duty Not to Include Flying (DNIF) date.

Although the disqualification order and pay action were processed late by Andrews FMO, this was due to applicant not turning his FRF in to the Andrews FMO within 10 days of arriving in accordance with AFI 11-401, para 1.5.5.  Applicant’s report no later than date was 28 July 2000 on his Permanent Change of Station orders.  It was not Bolling AFB Military Personnel Flight’s responsibility to ask for his FRF, nor is it the FMO’s job to schedule a member to return to a flight surgeon to get cleared from DNIF status or obtain a physical.  Applicant turned his FRF in December 2001.  Andrews FMO validated the DNIF form dated May 2000 (signed by applicant 11 May 2000) and processed the medical disqualification order immediately.

The DODFMR clearly states applicant was not entitled to flight pay past 365 days of medical incapacitation, until medically requalified.  Therefore, he is not entitled to flight pay from  11 May 2001 through 9 December 2001.  Andrews FMO processed the MPO restarting applicant’s flight pay effective 10 December 2001.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 August 2002, a complete copy of the Air Force evaluation was forwarded to applicant for review and response within 30 days.  As of this date, no response has been received by this office.

_________________________________________________________________

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 error or injustice.  Applicant’s contentions are duly noted.  However, we do not find his contentions, in and by themselves, sufficiently persuasive to conclude that he has been a victim of either an error or an injustice.  As noted by DFAS, the applicant was provided with an AF Form 1042 which clearly indicated that he had only 365 days to obtain medical clearance or he would be medically disqualified.  It is unfortunate that his Military Personnel Flight (MPF) did not timely notify him of the requirement to obtain his annual flight physical.  Nonetheless, in the absence of a regulatory requirement to do so, it was incumbent upon the officer to schedule his own physical in order to continue to receive his flight pay.  In view of the foregoing and in the absence of substantive evidence to the contrary, we agree with the Air Force that his request be denied.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered this application in Executive Session on 22 October 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 22 May 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, HQ USAF/XOOT, dated 29 Aug 02.
	Exhibit D.	Letter, AFBCMR, dated 30 Aug 02.

					Panel Chair