RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02121 COUNSEL: NONE HEARING DESIRED: YES _______________________________________________________________ APPLICANT REQUESTS THAT: He be reinstated as an F-16 pilot in the Oklahoma Air National Guard, effective 9 Jan 12. _______________________________________________________________ APPLICANT CONTENDS THAT: He was unfairly discharged due to an unwarranted Flight Evaluation Board (FEB) initiated on a single instrument flight check incident. The applicant’s complete submission, with attachments, is at Exhibit A. _______________________________________________________________ STATEMENT OF FACTS: The applicant served in the Oklahoma Air National Guard in the grade of First Lieutenant (O-2) during the matter under review. On 12 Dec 11, upon the completion of an instrument check ride, a flight examiner determined the applicant did not properly fly his non-precision approaches and was not in a position to safely land. His flight was graded as a “Q2” (The aircrew member demonstrated the ability to perform duties safely, but: (1) There were one or more area(s)/subarea(s) where additional training was assigned. (2) A non-critical area/subarea grade of U was awarded. (3) In the judgment of the flight examiner, a Q2 may be given if there is justification based on Q- performance in one or several areas/subareas), requiring him to undertake two instrument simulators as additional training support prior to his next flight On 20 Dec 11, the applicant was notified by his wing commander of his intent to recommend an FEB due to a “Lack of Proficiency” in flying basic instruments. Specifically, a determination was made that he displayed a lack of potential for continued aviation service due to a history of regression in basic and instrument flying skills, poor checkride performance, and an unacceptable risk of a Class A mishap while flying in instrument conditions. Furthermore, it was unlikely he would be able to progress and complete an upgrade program beyond wingman. On 20 Dec 11, the applicant acknowledged receipt of the action. On 9 Jan 12, the applicant was notified by his squadron commander of his intent to recommend his discharge from the Oklahoma Air National Guard for failure to achieve acceptable standards of proficiency required of an officer of the same grade. The specific reason for the action was a determination that he failed to live up to standards of basic instrument flying. On 9 Jan 12, the applicant acknowledged receipt of the action and, after consulting civilian counsel, waived his right to a hearing before an administrative board and elected not to submit a statement on his behalf. On 10 Jan 12, the applicant was honorably discharged from the Oklahoma Air National Guard and as a member of the Reserve of the Air Force with the authority and reason for his separation listed as “AFI 36-3209, Paragraph 2.34.: Substandard Performance of Duty – Applicable Paragraphs 2.34.1. through 2.34.6., SPD: GHK.” He was credited with 3 years, 11 months, and 2 days of total service for pay. _______________________________________________________________ AIR FORCE EVALUATION: NGB/A1PS recommends approval, indicating there is no compelling documentation warranting the involuntary discharge from the Air National Guard as a result of an F-16 qualification check-ride accomplished on 12 Dec 11. The result of the checkride warranted additional training but, by itself, was not reasonable cause for a discharge. If the added training was unsatisfactory and he had further documented difficulties, an FEB would have been warranted. In most cases, additional training would have been accomplished and the member returned to unrestricted flight status. In this case, without the opportunity for additional training and, if required, a FEB, the isolated incident on 12 Dec 11 did not warrant an involuntary separation. A complete copy of the NGB/A1PS evaluation is at Exhibit C. NGB/A3O recommends approval, indicating the results of the applicant’s check-ride warranted additional training instead of an involuntary discharge for flying capabilities. A complete copy of the NGB/A3O evaluation is at Exhibit D. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 20 Dec 12 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). _______________________________________________________________ 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 error or injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant has raised sufficient doubt for us to call in to question the basis for his discharge from the Air National Guard (ANG). In this respect, we note the comments from the NGB/A3O indicating that although there were noted difficulties with the applicant’s instrument flying, the 12 December 2011 single check-ride evaluation, in and of itself, was not sufficient to form the basis of his involuntary discharge from the ANG. In our view, the applicant should have been provided additional training to correct the noted deficiencies prior to being considered for discharge from the ANG for this single incident. We note that reinstatement in the ANG is among the applicant’s requests. However, inasmuch as the Board lacks the authority to reinstate applicants into the ANG, we believe the proper and fitting relief in this case would be to correct his NGB Form 22, National Guard Bureau Report of Separation and Record of Service, to reflect the Authority and Reason for Separation and separation program designator (SPD) code was “Secretarial Authority” and “KFF,” respectively. With this recommendation, the applicant is free to pursue his reappointment to ANG or Air Force Reserve, provided he is otherwise qualified, in accordance with the provisions of AFI 36-2005, Appointment in Commissioned Grades and Designation and Assignment in Professional Categories – Reserve of the Air Force and United States Air Force. Therefore, to preclude any further injustice to the applicant, we recommend his records be corrected to the extent indicated below. _______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his NGB Form 22, National Guard Bureau Report of Separation and Record of Service, be corrected to reflect the authority and reason for separation and separation program designator (SPD) code was “Secretarial Authority” and “KFF,” respectively. _______________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-02121 in Executive Session on 28 Feb 13 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-02121 was considered: Exhibit A. DD Form 149, dated 14 May 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, NGB/A1PS, dated 2 Jul 12, w/atch. Exhibit D. Letter, NGB/A3O, dated 27 Sep 12. Panel Chair