RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03830
		
		COUNSEL:  None

		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The Air Training Command (ATC) Form 126A, Record of Commander’s Review Action be corrected and his elimination from Air Force Joint Specialized Undergraduate Pilot Training (JSUPT) be reversed and he be reentered into phase I JSUPT.
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APPLICANT CONTENDS THAT:

The Commander’s Review (CR) elimination process was faulty.  Specifically, inaccurate and incomplete information was used in the consideration process; Manifestation of Apprehension (MOA) was inaccurately “diagnosed;” and there was a failure to follow medical professional’s recommendations he continue with JSUPT.

In support of his request, he submits a personal letter, letters of recommendation, JSUPT academic agenda, magazine articles, CR entry notification, medical statements, IG Request, AETC Form 126A, Record of Commander’s Review Package, OPRs, Training Reports, Feedback Worksheets, AETCI 48-102, Medical Management of Undergraduate Flying Training Students, and a calendar of flying events for Phases I and II.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was commissioned as a second lieutenant in the Air Force on 13 August 1999.  He has been progressively promoted to the grade of captain.  The applicant entered Specialist Undergraduate Pilot Training (SUPT) at Laughlin AFB TX on 10 January 2000.  

On 22 May 2000, the applicant, while sitting in the chocks before the interior checklist begun, told the instructor pilot (IP) he was too sick to fly.  The applicant went on duties not involving flying (DNIF) status with a cold. 

On 1 August 2000, the applicant was counseled by his flight commander for landing early.  The applicant stated he landed early because he was “very tired and felt behind the aircraft.”

On 5 August 2000, the applicant’s flight commander placed him on the Commander’s Awareness Program (CAP) due to inconsistent performance.

On 18 August 2000, the applicant’s flight commander took him off CAP after he passed his contact check ride and performed well on his first formation ride.  

On 28 August 2000, the applicant experienced in-flight stomach pains, which made him unable to concentrate.  The applicant’s IP took control of the plane, declared an in-flight emergency (IEF) and returned to Laughlin AFB TX.  The applicant went on DNIF status. The XX Fight Training Wing Flight Surgeon referred the applicant to Life Skills clinic for consult. 

On 12 September 2000, the XX Fighter Training Squadron Commander (XXFTS/CC) placed the applicant in the Commander’s Review (CR) process.  The XX Fighter Training Wing Commander postponed the CR process pending the diagnosis/report from the Flight Surgeon and the Life Skills Clinic.  

On 20 September 2000, after medical personnel medically cleared the applicant for flight duty, the XX FTS/CC placed the applicant in the CR process and briefed him on all appropriate issues.

After reviewing his training records, as required by AETCI 36-2205, the XX Operations Group Commander recommended to the XX TFW/CC that the applicant be eliminated from SUPT due to Manifestations of Apprehension (MOA) on 2 November 2000. 

The XXXXXX, Inquiries and Complaints, Inspector General’s Office, HQ AETC/IGQ conducted an investigation concerning alleged wrongful elimination from specialized undergraduate pilot training (SUPT) and a flawed commander’s review. They concluded that the XX OG/CC did not wrongly recommend the applicant for elimination from SUPT, based on erroneous information, in violation of AETCI 36-2205 and AETC Syllabus P-V4A-A.  The XX OG/CC considered the applicant’s potential for in-flight incapacitation, due to stress, an unacceptable operational risk.  Once the XX OG/CC determined, through extensive consultations, examination of all pertinent facts and years of experience as a pilot, that the applicant was not suitable for flying duty, every step along the way to his elimination from SUPT was followed correctly. 

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AIR FORCE EVALUATION:

AETC/SGPS medically can support the applicant’s request to reapply for UPT.  As the process in his case is administrative, this office has no medical diagnoses or consideration at this time, which would medically terminate this review.  Based on the files sent with the applicant’s request, this is not a medical determination for qualification, but rather a request for reconsideration and correction of an administrative board process.  It is noted that he took his UPT physical on 22 March 1999, which expired on 22 March 2002.  For reinstatement consideration, he will need to complete a new Flying Class 1/1A medical examination and have it reviewed and certified by their office prior to final board selection.

AETC/SGPS complete evaluation is at Exhibit C.

AETC/DOF recommends the applicant not be reinstated into any flying training course.  They find the elimination process was in line with command guidance.  

In accordance with AETCI 36-2205, the Commander’s Review (CR) should take no longer than 10 days to complete-from the time a squadron commander initiates CR action, until final determination by the wing commander-this case took almost six weeks.  From our perspective, these officers agonized over a decision to eliminate the applicant-evidenced by the wing commander’s decision to authorize an extra-curricula T-1 orientation flight for the applicant.  While this action may have been well intended, it presented a false hope the applicant might continue in training if he switched aircraft.  However, command policy did not support students switching tracks for a number of reasons not relevant to this case.

The applicant’s behavior rendered him a poor risk for continued training in any aircraft.  Intuitively, flight training carries inherent risks.  Aircrew errors of omission or commission will occur; weather conditions will change; aircraft will malfunction.  We train to decrease these intrinsic risks-however, an identified risk of aircrew incapacitation due to stress or anxiety is not acceptable given the potential for catastrophic consequences.  The applicant’s supervisor and commanders went to great lengths to ensure they made a sound operational decision based on the facts-and their judgment as instructor pilots and training experts.

AETC/DOF complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluations and stated the medical advisory supports his request for readmission and gives no medical reason to prevent his return to SUPT.  The only caveat being he needs to complete a new Class 1/1A medical examination prior to returning which should be no problem.  Meanwhile, at the recommendation of medical staff at his current base, he is also exploring the possibility of getting a waiver to this to expedite the medical requirements of returning to SUPT.  They informed him due to the length of time, he was in SUPT (10 months start through elimination), he would likely qualify for a Class II Flight Physical since the yearly physicals he is currently required to obtain for his operational duty, are almost identical to the yearly requirements for pilots (with the exception of a color blindness and depth perception test). Hence, if he can obtain the waiver and can get these tests accomplished here, he will be immediately medically qualified to return to SUPT.

Finally, he understands AETC’s recommendation, in accordance with their findings.  Yet in 6(a), they make the statement, “However, if the board supports the applicant’s request, change the AETC Form 126A to read, “reconsider for reinstatement at a later date”, allowing the applicant to reapply for pilot training IAW procedures and guidelines described in AFI 36-2205, Applying for Flying and Astronaut Training Programs.”  According to this regulation, he is ineligible to apply without submitting for a waiver due to the fact he will not meet the requirement in said regulation, paragraph 1.1.6, stating, “Applicants must not exceed their 30th Birthday or 5 years beyond their Total Federal Commissioned Service Date, by the start of the board’s first available UFT class.  He would have had to apply for this year’s board to meet both requirements (and as his current AETC Form 126A says that he should not be considered for a later date, he is not currently eligible to apply).  Hence, as initially stated, he is requesting he be reinstated into the Air Force SUPT via the AFBCMR process at the earliest date possible.

Applicant’s response 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice that would warrant some relief.  We note that flying training is an extremely challenging and stressful environment that requires the student's ability to concentrate and focus completely on his efforts.  We are convinced by the evidence that Manifestations of Apprehension is not uncommon, particularly in the earlier stages of flight training of young pilots.  The applicant admitted his condition was brought on by poor diet, lack of hydration, lack of sleep and personal stress relating to his newborn child.  In this respect, the Commander’s Review elimination process was in line with command guidance.  Nonetheless, it is our opinion that the applicant has provided numerous letters of recommendation from flight commanders and the XXXXX, Physical Standards Branch to warrant his reinstatement consideration for SUPT.  We considered applicant's request for reinstatement directly into SUPT training; however, because of the period of time since his expulsion and the rigorous nature of military flight training programs, we do not believe that his reinstatement is warranted.  Accordingly, we recommend that his records be corrected as 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. AETC Form 126A, Record of Commander's Review Action, Section III, reflects "BE CONSIDERED FOR REINSTATEMENT IN THIS COURSE AT A LATER DATE."

	b.	 He be considered for Joint Specialized Undergraduate Pilot Training at the next available board and, if accepted, he be granted an age and a total active federal commissioned service waiver. 

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The following members of the Board considered AFBCMR Docket Number BC-2003-03830 in Executive Session on 13 April 2004, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Nov 03, w/atchs.
    Exhibit B.  Letter, AETC/SGPS, dated 20 Nov 03
    Exhibit C.  Letter, AETC/DOF, dated 15 Jan 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Jan 04.
    Exhibit E.  Letter, Applicant, dated 23 Feb 04.

					

AFBCMR BC-2003-03830

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.  AETC Form 126A, Record of Commander's Review Action, Section III, reflects "BE CONSIDERED FOR REINSTATEMENT IN THIS COURSE AT A LATER DATE."

                 b.    He be considered for Joint Specialized Undergraduate Pilot Training at the next available board and, if accepted, he be granted an age and a total active federal commissioned service waiver.