RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-02534
		INDEX NUMBER:  115.01  121.03
		COUNSEL:  None

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

The Aviation Service Date (ASD) of 2 October 1997 he was given after transferring from the Navy to the Air Force be changed to   21 July 1997, the date he had before the transfer.

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APPLICANT CONTENDS THAT:

His ASD does not comply with the governing instruction AFI 11-420, Aviation and Parachutist Service, Aeronautical Ratings, and Badges.

In support of his application, applicant provided a personal letter, a copy of his Naval Aviator Aviation Training Jacket Summary Card, Bureau of Naval Personnel (BUPERS) Orders XXXXXXXXXX, Aviation Preflight Indoctrination (API) Syllabus, Description of the Joint Primary Pilot Training (JPPT) Phase I training and emails. 

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

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STATEMENT OF FACTS:

Based the applicant’s BUPERS, he was commissioned as an ensign in the US Navy on 23 May 1997. On 27 June 1997, he began Naval Aviation Preflight Indoctrination. On 1 October 1997, the applicant entered Primary Phase of Undergraduate Pilot Training. The applicant was honorably separated from the Navy on          18 December 2005 and transferred to the Air Force Air Reserves on 19 December 2005. He is presently serving on extended active duty in the Air Force in the grade of major. He was awarded the Air Force pilot aeronautical rating effective 19 December 2005. The applicant’s initial ASD was established as 1 October 1997, based upon the start date of the Naval Primary Phase of Undergraduate Pilot Training (UPT) 

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AIR FORCE EVALUATION:

USAF/A3O-AT recommends denial and states the applicant’s ASD was established correctly in accordance with (IAW) applicable Navy and Air Force instructions. The applicant’s initial ASD was determined to be 1 October 1997 based upon the beginning of the primary phase of UPT as documented on his Naval Aviator Training Jacket Summary Card. The API syllabus provided in the applicant’s request indicates the course does not include flying training and therefore would not establish his ASD. 

The US Navy BUPERS Instruction 7220.29A dated 17 June 2002, states the ASD is the date an officer reports to the aviation facility having aircraft in which the officer will receive flight training leading to the award of an aeronautical designation. The aviation facility having aircraft is further defined to denote custodianship and applies to the training squadron where the officer commences flight training. 

USAF/A3O-AT’s complete evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviews the Air Force evaluation and states it is not surprising that the office of primary responsibility (OPR) recommends denial of his request; this is the same office that denied his request initially, and caused him to seek relief through the AFBCMR. Please note the AFI cited in his initial request, AFI 11-401, has an OPR of USAF/XOOT. That office has been renamed, and is now USAF/A3OAT. The OPR that wrote the advisory opinion recommending denial of his request is the same OPR for the AFI referenced in his request. This is appropriate, but he brings it up to make an important point: He justified his request based on AFI written by the OPR, but the OPR recommends denial of his request without any mention of the governing instruction which they authored. Nothing could better illustrate the difficulties he has had attempting to have his ASD corrected. The lack of compliance with the governing instruction is why he has been forced to seek help from the BCMR. The advisory opinion makes a good argument for establishing an ASED for the Navy. He is no longer in the Navy. He is in the Air Force, and he would like a correct ASD based on the governing instruction, AFI 11-402. 

The applicant provides extracts from pertinent Air Force and Navy Instructions that he believes supports his entitlement to change his ASD date and his entrance into the Aviation Continuation Pay bonus program effective 27 June 1997.

Applicant’s complete response is at Exhibit E.

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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 an error or injustice regarding the applicant’s request to change his Aviation Service Date.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In this respect, we note that the applicant’s ASD start date in the Air Force was established correctly based upon the applicant’s assignment to an Aviation Facility having aircraft to commence flight training while in the Navy.  It would be improper for the Air Force to knowingly award the applicant an Aviation Service Date not computed according to the rules and regulations that would apply in any other similar case.  Therefore, we find no basis to recommend granting the requested relief. 

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of a 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.

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The following members of the Board considered AFBCMR Docket Number BC-2007-02534 in Executive Session on 29 November 2007, under the provisions of AFI 36‑2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-02534 was considered:

   Exhibit A.  DD Form 149, dated 8 Aug 07, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, USAF/A3O-AT, dated 24 Sep 07. 
   Exhibit D.  Letter, SAF/MRBR, dated 5 Oct 07.
   Exhibit E.  Applicant's Response, dated 6 Oct 07, w/atchs.