RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01147 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect:

1.  Block 5A, change his grade from Airman Basic (AB) to Staff Sergeant, (SSgt).

2.  Block 5b, change his pay grade from E1 to E5.

Additional request from applicant’s rebuttal letter, dated 31 Jul 17:

3.  Block 30, remove “Officer trainee failed to complete OTS (AFR 53-7).”

4.  Block 25, add completion of Officer Basic Military Training, 18 Apr 73. (Administratively corrected as evidenced by DD Form 215, Correction to DD Form 214, dated 14 Jan 81).

APPLICANT CONTENDS THAT:

He was promoted to the grade of SSgt, per special order AG-333, dated 6 Mar 73 which states, “UNDER PARA 8, AFR 53-27, FOLLOWING NAMED AB, UNLESS OTHERWISE INDICATED, SCHOOL OF MIL SCIENCES, OFFICER, USAF, ATC, THIS BASE ARE PROMOTED TO THE PERMANENT GRADE OF SSGT IN USAF.”  He graduated Officer Basic Training on 18 Apr 73.  One day prior to commission, 17 Apr 73, he was placed on medical hold pending evaluation of an eye exam.  Even though he passed two prior exams, the third exam disqualified him from navigator training.  He submitted a waiver request, but it was denied.

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

STATEMENT OF FACTS:

On 31 Oct 72, the applicant was examined and deemed “Qualified for flying class I-A,” as indicated on Standard Form 88, Report of Medical Examination, in the NOTES section of pages 1 and 2 and in block 77.  Both NOTES sections were signed on 20 Nov 72, 20 Dec 72 and 19 Jan 73.

On 19 Jan 73, the applicant initially entered the Regular Air Force for four years in the grade of AB as indicated on DD Form 4, Enlistment Contract – Armed Forces of the United States, after being honorably discharged from the Air Force Reserve on 18 Jan 73 where he served a total of 30 days.

According to the documents provided by the applicant:

a.  On 6 Mar 73, the applicant was promoted to the permanent grade of SSgt, Special Order AH-333, effective 24 Jan 73.

	b.  On 12 Apr 73, the applicant was ordered to extended active duty in the grade of 2Lt, effective 18 Apr 73, Special Order AH-581.

b.  On 17 Apr 73, the applicant was placed on medical hold pending evaluation.

c.  On 18 Apr 73, the applicant successfully completed Officer Basic Military Training, Pre-commissioning.

On 10 Apr 73, the applicant was referred for ophthalmology evaluation because of previous substandard findings on an eye examination, as indicated on Standard Form 513, Clinical Record.  The consultation report indicated he was diagnosed with substandard depth perception and heterotropia, both disqualified him from navigator training and the diagnosis of heterotropia disqualified him for commission in the Regular Air Force.  The ophthalmologist recommended he be granted a waiver for commission, but not for flight training.

On 18 Apr 73, the applicant’s Flight Commander and the Group Chaplain both submitted letters of recommendation that the applicant’s vision deficiency be waived and he be allowed to commission in the Regular Air Force and stated the applicant was placed on medical hold one day prior to his graduation from Officer Training School.

On 24 Apr 73, based on the applicant’s medical evaluation, he was disqualified for “FLYING CLASS T & I-A” for “ESOTROPIA & LEFT HYPERTROPIA”, and considered “acceptable for COMMISSION,” as indicated by letter from a military physician.

On 25 Apr 73, the applicant was disenrolled from the School of Military Sciences because of “Esotropia & Left Hypertropia” medically disqualifying him for Flying Class I & IA and recommended to be considered in the future for other officer training “if physical defects are corrected or if such defects are not disqualifying for other programs,” and was scheduled for commission on 10 May 73, as indicated on DD Form 785, Record of Disenrollment from Officer Candidate – Type Training, if training had been completed successfully. 

On 1 May 73, the applicant requested separation from the Regular Air Force under AFM 39-10, provisions 3-8h electing to not remain on active duty for the duration of his four year enlistment, as indicated by letter and statement.

On 3 May 73, the applicant was furnished an honorable discharge in the grade of AB, and was credited with 3 months and 15 days of total active service.

On 21 Jan 74, the applicant was issued DD Form 215, Correction to DD Form 214, and corrected DD Form 214, block 30 “DELETE:  Security Investigation: NONE” and “ ADD: Security Investigation: NAC, 19 Mar 73, Ft Holabird, Md. 21219”.

On 14 Jan 81, the applicant was issued another DD Form 215, superseding the DD Form 215 issued on 21 Jan 74 and corrected block 25 from “NA” to “Officer Basic Military Training, 18 Apr 73” and block 30 from “DELETE:  Security Investigation: NONE” to “ ADD: Security Investigation: NAC, 19 Mar 73, Ft Holabird, Md. 21219”.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C, F and G.    

AIR FORCE EVALUATION:

Enlisted Promotions recommends denial indicating there is no evidence of an error or an injustice.  In accordance with AFR 39-30, Administrative Demotion of Airmen, 1 Aug 72, an airman promoted either as an officer trainee under AFR 53-13, AFR 53-27, AFM 50-5, or in anticipation of his completing some other training course, but who fails to complete such training for reasons of academic deficiency, self-elimination, or misconduct must be demoted to his former grade when his student status is terminated.  The applicant self-eliminated by electing to separate instead of accepting a commission in a career field other than flying.  Furthermore, for the purpose of attending Officer Training (students are paid at the E-5 rate while attending training).  

A complete copy of the Enlisted Promotions evaluation, with attachment, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes virtually every point made by the OPR, arguing the following points:

a.  He was placed on medical hold on 17 Apr 73, not 24 Apr 73 as the OPR stated, one day prior to his commission, for his vision which he had previously passed twice before.

b.  He was told by a high-ranking officer at the school the program for which he enlisted was for pilot or navigator training only.  As evidence, the applicant provided a School of Military Sciences, Officers Assignment Letter, dated 6 Dec 72.

c.  He wanted very much to remain in the Air Force and serve as a commissioned officer and went as far as sending a telegram to President Richard Nixon with his desires and the recommendation letters from his flight commander and the chaplain (both letters can be found in Exhibit b).  He has never experienced any incident of vision problems which would have impeded his ability to function as a navigator.  He reiterates at the time of diagnosis, the ophthalmologist recommended a waiver on his behalf.  As evidence, the applicant provided a letter of receipt acknowledging his letter sent to President Nixon.

d.  He argues the statement made by the OPR that he self-eliminated are false.  His waiver request to be commissioned as an officer into any career field was denied although he had a Bachelor’s Degree in Chemistry and a Master of Science Degree in Mathematics.  He was given two choices, whether to remain in the Air Force as an AB and complete an additional eight weeks of training or to be separated from service.  He did not want to endure another eight weeks of training as an AB, therefore he chose to be separated.

A complete copy of the applicant’s review is at Exhibit E.

ADDITIONAL AIR FORCE EVALUATIONS:

AFPC/DP2STMM-SEP does not provide a recommendation and states the applicant’s request does not fall within their purview to address.

A complete copy of the AFPC/DP2STMM-SEP evaluation is at Exhibit F.

ENLISTED PROMOTIONS recommends denial indicating there is no evidence of an error or an injustice.  Their previous evaluation, dated 10 Jun 16, still stands in that the applicant’s advancement to SSgt during OTS was not a promotion or handled under the promotion program/policy.  He was in student status during his 3 and half months of active duty service and was only being paid at the grade of SSgt and never wore the rank or was addressed as a SSgt.  Current members in the same situation today are advanced to the grade of SSgt while in OTS and if they fail to complete OTS, as in the applicant’s case, they are returned to enlisted status in their former rank.  Furthermore, the applicant elected to separate when he was medically disqualified from the commissioning program as a pilot/navigator (instead of remaining on active duty as an enlisted member).  

Complete copies of the Air Force evaluations are at Exhibits F and G.

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATIONS:

The applicant states he was promoted to the grade of SSgt by Special Order AH-333, dated 6 Mar 73, stating “THE VERBAL ORDERS OF THE COMDR ON 1937 [sic] JAN 24 ARE CONFIRMED, EXIGENCIES OF THE SERVICE HAVING BEEN SUCH AS TO PRECLUDE THE ISSUANCE OF COMPETENT WRITTEN ORDERS IN ADVANCE…”  The applicant argues that “Exigencies” is related to the immediate needs for trained officers during the Vietnam War and bypass the ordinary requirements to compete for the rank of SSgt.  Therefore, returning him to his prior grade as the OPR stated would be to the grade of SSgt and not to the grade of AB.  Furthermore, he completed OTS on 18 Apr 73 and the rule which governs officer trainees who fail to complete OTS does not apply to him.  His military records should be corrected to reflect completion of OTS.  In support of his response, the applicant provided five documents, all of which were already included with his original request, with the exception of his original DD Form 215, dated 21 Jan 74.

Additionally, the applicant requests additional changes be made to his DD Form 214: 

	a.  Block 30, remove “Officer trainee failed to complete OTS (AFR 53-7).”

b.  Block 25, add completion of Officer Basic Military Training, 18 Apr 73. (Administratively corrected as evidenced by DD Form 215, Correction to DD Form 214, dated 14 Jan 81).

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

FINDINGS AND CONCLUSIONS OF THE BOARD:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude she is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2016-01147 in Executive Session on 12 Mar 18 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

				Panel Chair
				Member 
				Member
	
The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01147 was considered:

	Exhibit A.  DD Form 149, dated 16 Mar 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, Enlisted Promotions, dated 10 Jun 16, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 29 Dec 16.
	Exhibit E.  Letter from Applicant, dated 11 Jan 17, w/atchs.
Exhibit F.  Memorandum, AFPC/DP2STM-SEP, dated 17 Apr 17.
Exhibit G.  Memorandum Enlisted Promotions, dated 5 Jul 17.
Exhibit H.  Letter from Applicant, dated  31 Jul 17, w/atchs.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in AFBCMR Docket Number BC-2016-01147.