RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03275
		INDEX CODE:  111.01

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His records be corrected to enable him to be considered for Undergraduate Flying Training (UFT) programs.  Specifically, he requests approval of a waiver for applying for future UFT programs and a waiver for exceeding the five years of Total Active Federal Commissioned Service (TAFCS) in applying for flying training programs.

The reason for his elimination from Joint Specialized Undergraduate Navigator Training (JSUNT) be changed to medical rather than Self-Initiated Elimination (SIE)--currently termed Drop-on-Request (DOR).
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APPLICANT CONTENDS THAT:

His SIE from Undergraduate Navigator Training (UNT) should be based on medical findings and history, rather than SIE.  He was compelled to quit training due to his medical condition (Acute Stress Disorder).  He would like the opportunity to compete for a UPT slot instead of being reinstated back into UNT.

In support of his request, applicant submits a personal statement, a statement from the psychiatrist who treated the applicant and extracts from his medical records.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS) reveals the applicant’s Total Active Federal Military Service Date (TAFMSD) and Total Active Federal Commissioned Service Date (TAFCSD) as 20 July 1998.  He is currently serving on active duty in the grade of captain, with an effective date and date of rank of 4 July 2002.

Information extracted from applicant’s submission reveals that he self-initiated elimination from Undergraduate Navigator Training (UNT) on 20 July 1999, after approximately five months.

The relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits B and C.
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AIR FORCE EVALUATIONS:

HQ AETC/SGPS states that, according to the documents supplied, the applicant has resolved his medical issues and has since been returned to duty with full resolution.  SGPS supports the applicant’s request to have his records corrected to show elimination based on a medical diagnoses rather than SIE.  SGPS indicates there is no current medical finding that would disqualify the applicant from applying for UPT consideration.  He would need to complete a new Flying Class 1/1A medical examination, a current Mental Health Evaluation to show there has been no change over the last two years and receive certification from HQ AETC/SGPS.  If accepted, he must pass a Medical Flight Screening at Brooks AFB, TX, prior to entering UPT.  The HQ AETC/SGPS evaluation is at Exhibit B.

HQ AETC/DOF has been unable to obtain any archived copy of the applicant’s training records.  As the applicant’s training elimination occurred more than three years ago, training records and other pertinent documents have been destroyed.  DOF states it was the applicant’s choice not to seek aid when he became an assault victim.  It was his choice not to seek help for stress until a year later.  While DOF understands the applicant’s desire to change his record, he must assume responsibility for, and endure the consequences of his actions.  As a DOR from navigator training, the applicant would have been ineligible for Air Battle Manager (ABM) training under current policy.  Now the applicant desires not only to change the record, but also be given support to attend pilot training--even if this action requires waivers for age or TFCSD.  Clearly, this is unfair to others who must meet all entry requirements and compete for slots on a best-qualified basis.  Applicant’s action to self-eliminate made him ineligible for other flight training.  There is no compelling reason in this case to make an exception to policy.  DOF recommends the applicant’s record remain unchanged.  However, if the Board’s decision is to grant the applicant’s request, his record may be changed to show elimination from JSUNT as a medical disqualification.  As such, he may apply to the next UFT selection board.  The HQ AETC/DOF evaluation, with attachments, is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to applicant on 19 December 2003 for review and response (Exhibit D).

On 15 January 2004, the applicant requested his application be withdrawn (Exhibit E).  By letter, dated 19 March 2004, the applicant requested that his appeal be reopened for consideration by the Board.  In support of his appeal, the following rebuttal to the advisory opinions was submitted.

The applicant reviewed the advisory opinions and indicates that he was 100% capable of completing navigator training until he was the victim of a sexual assault.  He exhausted all avenues of services as stated by HQ AETC/DOF.  His first course of action was to be seen at the Flight Surgeon’s office.  Followed with his squadron’s Flight Surgeon, NOMI Psychiatry and the Chaplain’s office.  The medical records he has provided will show all medical appointments and the visits to his Chaplain were on his own time.

He was emotionally exhausted from seeing the same doctors over and over with no improvement in his treatment.  His final decision was to withdraw from navigator training, rather than have to deal with doctors who accused him of lying, of being an alcoholic and possibly a homosexual.  On 20 July 1999, after almost five months, he made the decision to Drop-On-Request (DOR) from navigator training.  At this point, he decided he needed help or counseling from the Air Force, rather than from a Naval base.  In August 2000, he finally was successful in getting an appointment with Colonel   (Psychiatrist) at Keesler AFB, who diagnosed his condition as Acute Stress Disorder.  Through her help, he has now succeeded and defeated this difficult stage in his life.  He feels the medical records he has provided will show he exhausted many avenues seeking aid while trying to continue with his flight training.  He is not asking that his records be changed.  He would like waivers so that he could apply for pilot training, not a slot to be entered into pilot training.  He would still have to compete against all those others who are qualified for a training slot.

He disagrees with HQ AETC/DOF’s recommendation.  The reason he dropped out of navigator training was due to the fact that he was a victim of a sexual crime.  He went through as many avenues as he felt he could to work through the situation and he feels he exhausted his possibilities.  He is proud to serve in the position of Air Battle Manager, but he wants to follow his heart and dreams of being in the cockpit.  He knows he has the drive, desire and skill to become an exceptional Air Force pilot.  In support of his request, the applicant has submitted extracts from his medical records, a statement from the Addiction Treatment Facility Department Evaluation and articles on the “date rape” drug.  The applicant’s complete submission, with attachments, is 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  After carefully reviewing the applicant’s submission in judging the merits of his case, we believe the applicant has shown he should be given the opportunity to apply for Undergraduate Flying Training (UFT).  The applicant has provided medical evidence and a statement from the Air Force Psychiatrist who assessed and treated him for Acute Stress Disorder.  It is the Psychiatrist’s opinion that the applicant was unable to complete his navigator training due to medical/psychological reasons at that time.  However, with treatment, these emotional, physical and psychological symptoms eventually subsided.  In this respect, we note that, since resolving his issues, the applicant has successfully completed the Air Battle Manager Training and the Initial Qualification Training.  We note that HQ AETC/SGPS (Exhibit B) supports the applicant’s request for correction of his record and the opportunity for him to apply for Undergraduate Pilot Training (UPT) consideration.  Due to the extraordinary circumstances presented in this case, we are in agreement with the opinion and recommendation of the HQ AETC/SGPS that the evidence supports changing the reason for applicant’s elimination from Specialized Undergraduate Navigator Training (JSUNT) from self-initiated elimination to medical disqualification.  Furthermore, we believe equity and justice would best be served by giving the applicant the opportunity to apply for UFT.  In view of to foregoing, we recommend the applicant’s records be corrected to the extent indicated below.
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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that:

	a.  The reason for his elimination from Joint Specialized Undergraduate Navigator Training (JSUNT) in 1999 was “medical disqualification” rather than “self-initiated elimination (SIE).”

	b.  Should he apply for Undergraduate Flying Training (UFT), his application be reviewed by the next scheduled selection board; and, if accepted, his active duty service commitment for the Air Battle Manager (ABM) training be waived and he be granted any required age and total active federal commissioned service waiver.
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The following members of the Board considered this application in Executive Session on 27 May 2004, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2003-03275.

   Exhibit A.  DD Form 149, dated 22 Sep 03, w/atchs.
   Exhibit B.  Letter, HQ AETC/SGPS, dated 16 Oct 03.
   Exhibit C.  Letter, HQ AETC/DOF, dated 16 Dec 03, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.
   Exhibit E.  Letter from Applicant, dated 15 Jan 04, and
               Letter from AFBCMR, dated 20 Jan 04.
   Exhibit F.  Letters from Applicant, dated 17 Mar 04, w/atchs
               and 19 Mar 04.

                                   

AFBCMR BC-2003-03275

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that:

	a.  The reason for his elimination from Joint Specialized Undergraduate Navigator Training (JSUNT) in 1999 was “medical disqualification” rather than “self-initiated elimination (SIE).”

	b.  Should he apply for Undergraduate Flying Training (UFT), his application be reviewed by the next scheduled selection board; and, if accepted, his active duty service commitment for the Air Battle Manager (ABM) training be waived and he be granted any required age and total active federal commissioned service waiver.