RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04708 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: Her records be corrected to reflect that she completed her first (12-year) Operational Flying Duty Accumulator (OFDA) gate. ________________________________________________________________ APPLICANT CONTENDS THAT: Due to repeated lack of counseling she ultimately missed her 12- year OFDA gate by what is essentially six days. She was required to complete 96 months of flying by 20 Feb 08 to meet her 12-year flying gate, but only completed 95 months. There were numerous opportunities during her career to complete the one additional month of flying, but she was never properly advised or counseled by Flight Records or the Air Force Personnel Center (AFPC) about the impact of her assignments on meeting her flying gates. On 10 Jul 01, she made a permanent change of station (PCS) move from RAF Lakenheath, England after completing her first flying assignment. Unbeknownst to her, gate months are recorded and counted on an officer’s flight records for each month in which more than half the month is completed. Had she PCSed on 16 Jul 01, she would have obtained one additional flying month and achieved the required 96 months to meet her 12-year flying gate without even flying one additional flight. Therefore, she essentially missed her 12-year gate by six days. She was not aware of this procedure at the time, and was not counseled. In 2001, she planned on starting a family before continuing her flying career, so she sought a non-flying position for her next assignment. Although she accepted a flying assignment to Whidbey Island NAS, she simultaneously declined to increase her active duty service commitment (ADSC) beyond the two year ADSC she currently had, choosing to seven-day opt after the end of her remaining two years of service. Therefore, Whidbey Island leadership would not accept her in the flying position. If that assignment had not been cancelled, she would have made her 12- year gate. She was then given a two year assignment as an Air Liaison Officer (ALO) at Fort Drum, NY, where her leadership pulled her 7-day opt paperwork to allow her to continue her career. When her two years as an ALO was up, AFPC extended her at Fort Drum as an ALO for one additional year as a non-volunteer because she was a candidate for Intermediate Service School (ISS). Again, neither Flight Records or AFPC counseled her on the impact a one year extension in a non-flying position would have on her ability to meet her 12-year flying gate. After attending ISS in-residence, the Director of the Air Force Senior Leadership Management Office (AFSLMO) offered her an opportunity to build a Company Grade Officer (CGO) website immediately upon graduation. Therefore, AFPC slipped the start date of her flying requalification course from Jul 05 to Aug 05. This additional month would also have counted toward meeting her 12-year gate, but neither Flight Records nor AFPC counseled her on the impact of this slip on her making her 12-year gate. Ultimately, after taking leave, she arrived at her next duty station for her flying requalification course after the middle of July. Had she arrived in the first half of July, July would also have counted toward her gate month requirements. However, she was still not aware of that fact and neither Flight Records nor AFPC notified her that she was missing her last chance to meet her 12-year gate. It was not until after she arrived at her requalification course that Flight Records notified her that she would miss her 96 month 12-year flying gate requirement by one month and there was no longer any way to make it up. The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: On 5 Mar 07, the applicant submitted an OFDA flying waiver to obtain credit for her 12-year flying gate. On 20 Jul 07, AF/A3O-A1F reviewed the applicant’s OFDA waiver request and denied it because she was ineligible for an OFDA waiver after selecting her seven-day option and a non-flying assignment. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AF/A3O-A1F recommends denial indicating there is no evidence of an error or an injustice. The Aviation Career Improvement Act (ACIA) of 1989 authorized the Secretary of the Air Force to waive OFDA requirements based on the needs of the service, of rated officers unable to meet flying gate requirements due to reasons beyond their control. In accordance with (IAW) Title 37 U.S.C, Section 301s and AFI 36-2110, Assignments, it is Air Force policy that graduates of undergraduate flying training are assigned to operational flying duties until they have completed 96 months of flying to the maximum extent possible. The applicant’s flying assignment which would have enabled her to accrue the 96 months of OFDA required to meet her 12-year gate was cancelled after her decision for a seven-day option due to lack of retainability. IAW AFI 11-401, Aviation Management, aircrew members are required to accomplish a flight records review annually. Flight records reviews are also required during any permanent change of station (PCS) action. Based on the PCS flight records documentation, she did not sign the report validating the review of her flight records during her PCS in 2001. The documentation also indicates her PCS reports were dated 25 Jun 01; therefore, we cannot validate the flight records office knew she was departing on 10 Jul 01. The applicant was never denied the opportunity for a flying assignment. IAW AFI 11-401, individuals who voluntarily turn down a flying opportunity or elect to move to a non-flying position which would preclude the possibility of meeting OFDA requirements are not eligible for OFDA waivers. Awarding OFDA and entitling her to continuous ACIP based on the information provided is contrary to public law established in the ACIA of 1989. The applicant remains qualified for aviation service and could be entitled to conditional ACIP providing she is assigned an active flying position and performs minimum monthly flying hour requirements. A complete copy of the AF/A3O-A1F evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 10 Dec 12 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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. The applicant contends that having completing 95 months of flying toward the required 96 months to meet her 12-year flying gate, several circumstances outside her control precluded her from attaining 96 months of flying credit within 12 years. While we note the comments from AF/AO3-A1F concerning the impact on OFDA gates of accepting a non-flying position and noting provisions of the governing instruction that place the responsibility for the review of flight records on the applicant, we believe a preponderance of the evidence indicates the applicant was the victim of an injustice. There were ample opportunities over several years within the Air Force assignment system to allow the applicant to complete the one additional month of flying required to obtain her 12-year gate; however, neither the Air Force Personnel Center nor Flight Records counseled her on her situation or took appropriate action to ensure she obtained the additional month. In fact, AF/AO3-A1F notes that on at least one occasion she would have obtained the additional month of flying credit had she simply delayed her permanent change of station (PSC) assignment by one week. We also note the unequivocal support the applicant’s former wing and squadron commander asserting the applicant has been treated unfairly. Therefore, in view of the above, we recommend her records be corrected as indicated below. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 15 February 2008 she completed 96 months of Operational Flying Duty Accumulator (OFDA) flying and met her 12-year OFDA flying gate. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-04708 in Executive Session on 9 Jul 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-2012-04708 was considered: Exhibit A. DD Form 149, dated 1 Aug 12, w/atchs. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, AF/A30-A1F, dated 21 Nov 12. Exhibit D. Letter, SAF/MRBR, dated 10 Dec 12.