RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05093 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: 1. He be granted an age and Total Active Federal Commissioned Service Date (TAFCSD) [sic] waiver to return to Undergraduate Pilot Training (UPT). 2. He be reinstated into the first available Air Force UPT class at any location. APPLICANT CONTENDS THAT: In Jan 09, the Undergraduate Flying Training (UFT) Selection Board selected him to attend Specialized Undergraduate Pilot Training (SUPT) which was scheduled for Aug 09. Subsequently, it was discovered that he had bladder cancer. Medical stipulations for his return to UPT dictated a 2-5 year wait before continuing UPT. After 4 years and 10 months of waiting, he received a Flying Class I waiver and was medically qualified to attend UPT. Due to the mandatory wait time, his requests should be granted. The Air Force is short 250-plus pilots; there are many young and untested UPT candidates that will either washout or quit the program costing taxpayers hundreds of thousands of dollars. His performance as an aviator and officer and commitment to duty, should be a testament in the investment of returning him to training. In support of his request, the applicant provides a personal statement, copies of his biography, excerpts from his medical records, AF IMTs 1042, Medical Recommendation for Flying or Special Operational Duty; AF Form 422, Notification of Air Force Member’s Qualification Status; DD Form 2808, Report of Medical Examination; DD Form 2807-1, Report of Medical History, and various other documents associated with his appeal. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of captain. AFI 36-2205, Applying for Flying Training, Air Battle Manager, and Astronaut Program, states “UFT age and TFCSD policies state that individuals who exceed 30 years of age and/or 5 years of commissioned service by the start of the first available UFT date require a Chief of Staff (CSAF) waiver (in the case of administrative, counseling, or medical errors) or an exception to policy prior to consideration. Requests must be staffed through Major Command (MAJCOM) commanders. Waiver and ETP approval authority is delegated to the Vice Chief of Staff of the Air Force (VCSAF).” According to the Aeromedical Summary dated 18 Feb 13, the applicant experienced an episode of hematuria and was found to have small right-sided renal and ureteral calculi. On 10 Nov 08, he underwent an ureteroscopy to extract kidney stones. During the procedure, a growth was noted on the left side of his bladder, which was determined to be a high grade (very aggressive) papillary urothelial carcinoma. Following the diagnosis, he underwent a Fast-Track Medical Evaluation Board (MEB) which resulted in an Assignment Limitation Code-C2 (ALC-C2), which denotes deployable/assignable to CONUS installations with intrinsic fixed Military Treatment Facilities (MTFs) due to the need for frequent follow-up. On 13-15 Jan 09, the applicant was considered and selected by the Air Force SUPT, Specialized Undergraduate Navigator Training, and Undergraduate Air Battle Manager Training Selection Board to attend SUPT in Aug 09. In 2009, the applicant requested and received an ETP that was endorsed by his former wing commander, 18th Air Force Commander (18 AF/CC), Air Mobility Command (AMC) Command Surgeon General (AMC/SG), and the AMC/CC. According to the Aeromedical Summary dated 18 Feb 13, the applicant was found disqualified for flying duties, but was granted a Flying Class IIB waiver, (qualified rated officer for duty in non-ejection seat aircraft) in 2009 to continue flying as a rated navigator limited to non-ejection seat aircraft. According to an undated ETP Aeromedical Risk Assessment, the applicant’s ETP waiver was suspended to allow him time for additional medical treatments. Specifically, it was recommended delaying the applicant’s UPT start date for five years or, at a minimum, until at least two years had passed and his recurrence and surveillance rates had reduced. On 22 Aug 13, the applicant was medically cleared for flying duties AIR FORCE EVALUATION: AF/A1PPR recommends denial. The applicant was eliminated due to a long-term medical reason. A1PPR recommends he apply for the next AF UFT Selection Board, per AF policy. AFI 36-2205, states “officer’s attending UFT who are eliminated due to short-term (less than 1 year) medical reasons (as determined by the eliminating authority) will be re-entered into the same UFT program following medical requalification. Those officers who are eliminated due to long-term (1 year or more) medical reasons may reapply for consideration on the first UFT Selection Board following medical requalification as long as they remain otherwise eligible.” The complete A1PPR evaluation is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 10 Jan 14, for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit C). THE BOARD CONCLUDES THAT: 1. The application was timely filed. 2. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. In this respect, we note this Board is the highest administrative level of appeal within the Air Force. As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction. The Air Force office of primary responsibility has reviewed this application and indicated there is an available avenue of administrative relief the applicant has not first pursued. In view of this, we find this application is not ripe for adjudication at this level, as there exists a subordinate level of appeal that has not first been depleted. Therefore, in view of the above, we find no compelling basis to recommend granting the relief sought in this application. 3. 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 DETERMINES THAT: The applicant be notified that he has not exhausted all available avenues of administrative relief prior to submitting his application to the BCMR; and the application will only be reconsidered upon exhausting all subordinate avenues of administrative relief. The following members of the Board considered AFBCMR Docket Number BC-2013-05093 in Executive Session on 28 Aug 14, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 Sep 13, w/atchs. Exhibit B. Letter, AF/A1PPR, dated 9 Dec 13. Exhibit C. Letter, SAF/MRBR, dated 10 Jan 14. 4 5