RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01311 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His three months of Operational Flying Duty Accumulation (OFDA) for the period of July – September 2000 be reinstated. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He believes the removal of three months of OFDA is unjust due to the fact that he had been personally briefed by his Host Aviation Resource Management (HARM) office that he met his OFDA requirements, as reflected on his Aeronautical Order 1163, dated 28 Apr 05. In addition, he had the HARM ensure this data was correct before he pursued/accepted any non-flying assignments. It was confirmed that he completed 145 months of OFDA. In support of his appeal, the applicant provides a letter from his HARM office, undated and a detailed summary. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force. ________________________________________________________________ THE AIR FORCE EVALUATION: AF/A3O-AT recommends denial. In accordance with (IAW) Air Force Instruction (AFI) 11-401, Aviation Management, para 2.5.4.4.4., if such individuals do not fly within 3 months of the date they are returned to active flying status, retroactively change the active duty Flying Status Code (FSC) to FSC S; effective the day following the date of initial assignment or active FSC. Deduct OFDA credit (which began accruing with assignment of the original active FSC) and terminate OFDA credit. The applicant’s aviation service history has been corrected to preclude him from erroneous entitlement to OFDA and continuous Aviation Career Incentive Pay (ACIP) to 25 years of aviation service. Furthermore, AFI 11-401, prohibits OFDA third gate waivers. The applicant should have been coded as FSC S due to lack of flying activity from 26 June 2000 to 4 October 2000. He was not entitled to OFDA credit during this period. A request for OFDA reinstatement is essentially an OFDA waiver request. AFI 11- 401, para 2.8.1., states, “By direction of the Secretary of the Air Force (SECAF), third gate waivers, for individuals to receive ACIP or CEFIP through 25 years of aviation service when OFDA requirements have not been met, will not be considered.” The complete AF/A3O-AT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 21 May 2010 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 error or injustice warranting corrective action. We took notice of the applicant’s complete submission, including the letter of support from his HARM office, in judging the merits of the case. We note the comments from the Air Force office of primary responsibility (OPR); nonetheless, it appears the applicant’s decision to accept a non-flying deployment at that time was based on the advice and confirmation from his HARM office that he had accrued sufficient flying months (144 months) to meet his 18 year gate. While we note the governing policy in effect at the time of the applicant’s decision, we are convinced the applicant would have not made this decision had he been properly informed. Therefore, we believe any doubt should be resolved in the applicant’s favor. Accordingly, we recommend the applicant’s record be corrected to the extent indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that, by competent authority he was awarded an additional three (3) months of Operational Flying Duty Accumulator (OFDA) credit and he is entitled to receive continuous Aviation Career Incentive Pay until his 25th year of aviation service. _______________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01311 in Executive Session on 10 November 2010, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 22 Mar 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AF/A3O-AT, undated. Exhibit D. Letter, SAF/MRBR, dated 21 May 10. AFBCMR BC-2010-01311 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that, by competent authority he was awarded an additional three (3) months of Operational Flying Duty Accumulator (OFDA) credit and he is entitled to receive continuous Aviation Career Incentive Pay until his 25th year of aviation service.