Any recourse for poorly written waivers?

[ewokpoacher]

I was doing my IFC 1 at an MTF (really wished I'd gone to MFS for both IFC1 and MFS portion), when they pulled an old record and saw I was hospitalized in 2008. My blood alcohol at the time was 1.5 times the legal driving limit (0.115 IIRC). I was not driving, so I wasn't doing anything illegal. I don't recall any figures for C02, ALT, or AST. The flight doc was saying my BAC was "really, really high" and that she was worried about me having to sign some type of abstinence statement. I'm 27 now, and I've never had any issues or history of anything related to alcohol. The proximal hospitalizing event in 2008 required I stop by in ADAPT since the AF considered it, "an alcohol-related event", but they gave me a no diagnosis and sent me on my way with no requirement for follow-up or treatment.

I'm struck by how different the flight doc and I regard this issue. She seemed to think it was serious, and I do not. I wish I'd seen the waiver she submitted. I think she said it was a waiver for alcohol abuse, but based on my reading of the aircrew waiver guide that doesn't really fit. If it does, none of the recommended procedures were completed (evaluations for abuse/dependence). My waiver's pending approval, but what should I do if this is a showstopper? Can I just start over by going to WP and reaccomplish the IFC1 with a different flight doc?

EDIT: I was able to access the waiver via AIMWTS and there's definitely some incorrect/omitted information. My waiver's already been kicked from AETC to ACS. Any suggestions how to change the waiver? The way it is right now it seems way more negative. I don't even know if I'm supposed to be able to see my own waiver, not sure how to best engage with the flight doc. Any input would be greatly appreciated.

Edited December 18, 2014 by ewokpoacher

[yatalpan]

If talking with the flt doc writing your waiver doesn't resolve the issue then talk to the base Chief of Aerospace Medicine aka the SGP. You have the right to understand the process and reasoning behind the waiver and thus ensuring all relevant facts are included. Beyond that you can't dictate how the waiver is written but there is no reason flt med can't be transparent with you.

You mentioned having access to your waiver so are you a medic of some sort?

Going to another base and doing another FCI exam will throw red flags and not look favorably because it will look like doctor shopping and all the FCI exams flow through the same place AETC/SGPS and are kept on file to the end of the world + 1 hour.

[brabus]

Copy, 90% of the rated force under O-6 should probably be sent to ADAP and even better, forced out of the jet. I hope this works out for you; take this as a lesson for the future to tread very lightly around flight docs until they prove they're one of the good guys (which most are, but there are some complete d-bags out there).

[ewokpoacher]

No, but I know someone who is a 4N. I don't really want to talk with the flight doc unless there's something we can do about it. Since the waiver's already at ACS, I don't know if it can be changed. From what I can tell, it looks like it might not even make a difference since all the language in the ACS guide, aircrew waiver guide, and MSD suggests consideration is based on likelihood of reccurrence, not how much fun I had in one night.

EDIT: The waiver's going to be kicked back anyways. No comment on CDT, GGT, or MCV in the waiver (three possible markers used to detect alcoholism, the AF requires comments on CDT).

Edited December 19, 2014 by ewokpoacher

[Guest]

Anybody can see their own waiver package because it's a medical record, however the way you've accessed it isn't the most legal route. You should've filed a DD 2870 through the TOPA flight / Flight Med rather than back-dooring through a contact. File the form now for your own CYA.

Can you give more details why you were hospitalized and your blood drawn in the first place? Also, ARI's do not equate to ADAPT/ETOH problems, but often medics incorrectly interpret any ARI's in a record as proof of abuse. The waiver may just be a CYA document for the FS.

Since the physical and waiver are already submitted, there's no way to really take it back. You could request the physical be cancelled, which would just stop the whole thing as it currently sits. You would probably then need to re-apply all over again, usually pushing you into a different application window. HOWEVER any tech in the IFC program can still review the old, cancelled physical and waiver (which they probably would do), and it'll look suspicious as hell. In short, requesting a cancellation is a very bad move.

If you are DQ'd, you'll often be counseled that you can re-apply after some time and additional counseling. Really depends on the dx and specifics of the waiver, so I won't theorize.

To "correct" the waiver, you could write a memo (or provide other documentation you feel is relevant), submit it to the tech/flight doc, who could add it as an attachment. If there are total disparities in your story vs the doc's, they won't believe you without some solid proof of whatever you're claiming (police report, lab results, etc.). If you don't have any supporting documentation, it's more convincing if you claim slight corrections rather than outright inconsistencies from the doc.

Having the waiver go to ACS is both good and bad because the extra scrutiny is much more likely to get closer to the truth of your history/condition but it will lengthen the review time.

Going straight to the SGP will work best if you already have a rapport with the person. Regardless, the SGP could easily just trust their FS and make the problem go away. The SGP is often the co-signing "Senior Reviewer" (SR) on many waiver packages, so they might already know your case and agree with the FS. Being the SGP is not an easy job--they have plenty to do every day and you'd likely be at the bottom of their stack even if they do decide to give your package a second look. If you're already in the AF, it would probably be better to go through your CC first. The SGP is usually heavily involved in the "Good Ol' Boys Network" and I've seen some stuff swept under the rug or aproved that would DQ the average applicant.

[JarheadBoom]

Anybody can see their own waiver package because it's a medical record, however the way you've accessed it isn't the most legal route. You should've filed a DD 2870 through the TOPA flight / Flight Med rather than back-dooring through a contact. File the form now for your own CYA.

Is there an AFI reference that clearly states: 1. Members do, in fact, have the ability (right??) to see their waiver package; and 2. The DD2870 is the form to file for this?

In my shop alone, I know of a couple folks who could use this info in the battle against our local clinic...

[Guest]

https://static.e-publishing.af.mil/production/1/af_sg/publication/afi41-210/afi41-210.pdf
AFI 41-210, AFGM2014-01, 14 Aug 2014
See the following paragraphs: (Replace) 5.7.1.10.1.2., (Replace) 5.7.1.10.2.2., and 4.4.2.2.
When a waiver is approved or disapproved, it is part of your medical record and therefore available to you. While it is routing through the various organizations, it is a working document and without a disposition, and therefore the MTF might refuse to release it to you at that time.

Edited December 20, 2014 by deaddebate