RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01805
		INDEX NUMBER:  115.00
	XXXXXXX	COUNSEL:  None

	XXXXXXX	HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

He be reinstated into the Fixed Wing Qualification (FWQ) program or placed into the Joint Specialized Undergraduate Pilot Training (JSUPT) program.

In the alternative, he requests that his Army aeronautical rating be converted to an Air Force equivalent so that he may secure a position with an Air Force Reserve or Air National Guard unit.

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APPLICANT CONTENDS THAT:

He was placed in a training environment designed for pilots with more flight hours and experience than he possessed.  He was granted the waiver to enter FWQ training without the prerequisite flying hours needed. As a result he has been completely removed from flying status and has been precluded from continuing his aviation career in the Air Force as a fully qualified helicopter pilot.

When the decision was made to remove him from the FWQ program, it was with the understanding that he would be transferred to the JSUPT.  When he reported for his anticipated start date for JSUPT, he learned that he would not be transferred/enrolled into JSUPT because HQ AETC had denied his enrollment.  The explanation given was that he had transferred into the Air Force Reserve as a rated aviator from the Army with an Aeronautical Rating Board (ARB) conversion and at the time of his removal from FWQ, he was older than the JSUPT eligible age.  He notes that at the time he was told this, there were ARB Army rated aviators and former navigators who were older than him and had received age waivers and were in training.  He was later informed that he would have to continue his training in FWQ.  He was disadvantaged when he returned to training because he had been previously directed not to participate in any aviation flight training.  His instructors also told him that he had a low probability of completing the program.  He was not able to maintain the expected flying proficiency level and in Dec 02 was eliminated from FWQ and had a Flying Evaluation Board (FEB) pending.  Although he received orders prohibiting him from wearing Air Force Wings, he was never given a chance to present or plead his case before the FEB.

He was disqualified from all aviation service per AFI 11-402, paragraph 3.6.2.1 because he failed to meet FWQ course standards.  He notes that according to the same AFI in paragraph 2.14, Table 2.1, the Air Force should not have processed and transferred him from the Army National Guard aviation service.  He further notes that students enrolled in JSUPT are required to attend initial flight training, which better prepares them for the rigorous training of JSUPT.  He did not have this opportunity.

The applicant provides an overview of additional training he has received and notes the support he has among his chain of command for enrollment into JSUPT.  The applicant also submits a letter of support from a student that was in the FWQ class behind him who recounts what he believes was unprofessional conduct on the part of some instructor pilots toward the applicant.

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

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STATEMENT OF FACTS:

The applicant was appointed a first lieutenant in the Air Force Reserve on 22 Mar 02 after he transferred from the Army Reserve/Army National Guard.  He was granted an Aeronautical Rating Board waiver for award of a pilot rating based on his record of 270 hours rotary wing flying hours as an Army National Guard helicopter pilot.  The waiver was contingent upon the applicant completing FWQ training.  The applicant entered training on 8 Jul 02.  On 2 Dec 02, the applicant was recommended by his squadron commander for elimination from training due to flying deficiencies.  The group commander concurred that the deficiency was sufficient for elimination and recommended that the applicant be disenrolled from training.  He also recommended that the applicant not be considered for reinstatement at a later date and that he not be considered for undergraduate navigator training.  The applicant was recommended for consideration of technical training and consideration of non-rated operations training.  On 16 Dec 02, the Wing commander approved the applicant’s elimination from training due to flying deficiencies.

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AIR FORCE EVALUATION:

AF/XOOT recommends the applicant, provided he now meets the minimum flying hour requirements for award of the pilot rating, first secure a helicopter pilot operational flying position and then submit an application to appear before an Aeronautical Review Board in accordance with AFI 11-402, paragraph 2.11.

While they recognize that the applicant was incorrectly granted an ARB waiver and awarded the Air Force pilot rating contingent upon successful completion of the FWQ course, they do not believe that this oversight warrants conversion of the applicant’s Army rating into an Air Force pilot rating.

The complete evaluation is at Exhibit C.

AETC/DOF recommends that the applicant not be reinstated into AF fixed-wing training or his Army rotary wing rating directly converted into an Air Force helicopter rating.  They further recommend that the applicant’s records be expunged of the records referencing the previous ARB, ARB waiver, FWQ training, FWQ elimination, and subsequent revocation of his aeronautical order.  If the applicant believes he now meets flying experience criteria to warrant an Air Force pilot (helicopter only) rating, he must find a sponsoring unit with an operational flying position.  He may then submit an application for an Aeronautical Rating Board.

If the Board decides to grant the relief requested, they recommend, based on the applicant’s limited flying experience, that he be entered into JSUPT.  However, the applicant must first secure a flying position with an Air Force Reserve or Air National Guard fixed-wing unit before entry into training.  The applicant will also require an age waiver.

The complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his initial response to the Air Force evaluations, applicant asked for clarification of what AETC/DOF’s specific recommendation in his case is (Exhibit F).  The Board advised the applicant of its understanding of AETC/DOF’s recommendation in the applicant’s case (Exhibit G).

In his final response to the Air Force evaluations, the applicant indicated he is in compliance with the guidelines set forth in AETC/DOF’s evaluation.  He states that he has secured a flying position with a Reserve unit and requests he be granted an age waiver if reinstated to training.  The applicant resubmits the letters of support for his reinstatement into flying training provided with his initial application.

The applicant’s complete response is at Exhibit H.

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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 error or injustice.  After reviewing the complete evidence of record, including the analysis and recommendations of the Air Force offices of primary responsibility (OPRs), we believe the applicant should be granted relief with certain conditions imposed.  We note that both Air Force advisories conclude the Air Force erred in granting the applicant an Aeronautical Rating Board (ARB) waiver and allowing his entry into the Fixed Wing Qualification course.  Both Air Force OPRs propose courses of action whereby the applicant could again apply for an ARB waiver.  However, in our view, the error that allowed the applicant to be placed into training for which he was not qualified resulted in his not being afforded a fair opportunity for success and has caused him valuable time.  We believe a more equitable solution would be to expunge the applicant’s record, as recommended by HQ AETC/DOF, of all references to the previous ARB, the ARB waiver, his acceptance and elimination from FWQ training, and the subsequent revocation of his aeronautical order.  Further, the applicant should be placed into Joint Specialized Undergraduate Pilot Training provided he first secures a qualifying flying position with an Air Force Reserve or Air National Guard fixed-wing unit.  We also recommend he be granted any necessary waivers such as age and total federal commissioned service if required.  We also concur with the determination and rationale of both Air Force OPRs the applicant’s Army aeronautical rating should not be converted to an Air Force rating.  Therefore, in the interest of equity and justice, we recommend the applicant’s 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.  All documents and references to his application to the Aeronautical Rating Board (ARB), the waiver granted by the ARB, his selection and entry into Fixed Wing Qualification (FWQ) training, his elimination from FWQ training, and the revocation of his aeronautical order be declared void and removed from his records.

	  b.  Provided he secures a flying position with an Air Force Reserve or Air National Guard flying unit, he then be entered into the first available Specialized Undergraduate Pilot Training (SUPT) class.

	  c.  He be granted any necessary waivers, such as an age waiver and Total Active Federal Military Service waiver, required for his entry into SUPT. 

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The following members of the Board considered Docket Number BC-2004-01805 in Executive Session on 5 October 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 15 Apr 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, HQ USAF/XOOT, dated 6 Jul 04.
     Exhibit D.  Memorandum, HQ AETC/DOF, dated 9 Aug 04,
                 w/atchs.     
     Exhibit E.  Letter, SAF/MRBR, dated 13 Aug 04.
     Exhibit F.  Letter, Applicant, dated 21 Aug 04.
     Exhibit G.  Letter, AFBCMR, dated 1 Sep 04.
     Exhibit H.  Letter, Applicant, dated 3 Sep 04, w/atchs.

AFBCMR BC-2004-01805

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 XXXXXXX, XXXXXXX, be corrected to show that:

		a.  All documents and references to his application to the Aeronautical Rating Board (ARB), the waiver granted by the ARB, his selection and entry into Fixed Wing Qualification (FWQ) training, his elimination from FWQ training, and the revocation of his aeronautical order be, and hereby are, declared void and removed from his records.

		b.  Provided he secures a flying position with an Air Force Reserve or Air National Guard flying unit, he then be entered into the first available Specialized Undergraduate Pilot Training (SUPT) class.

		c.  He be granted any necessary waivers, such as an age waiver and Total Active Federal Military Service waiver, required for his entry into SUPT.