This will probably require Chief Counsel interpretation
, as the service branches are imo, not interested enough to make specific reference to the definition of a pilot for the purposes of the
FAA's use case. That's something the FAA is probably going to have to clarify. The DoD certainly won't.
Here's what I mean: Though I cannot speak for the Army, for the USAF, an
initial pilot trainee is specifically categorized under the AFSC of 92T0 (student pilot), and that is the specialty code held even after graduation from UPT, which is when the aeronautical rating of PILOT is officially granted. But he/she will have a rating of pilot at that point and only from that point (UPT graduation). That's wings on chest, even though they'll continue to be 92T0 until entrance into their MWS/MDS B-course.
To further complicate things, the Aviation Service Date is issued once the flight medical is obtained, or the UPT class start date is reached, whichever is later. Which means, a pre-UPT graduation "student pilot" is not considered a pilot for the purposes of holding the aeronautical rating, but the aviation service accrual for gates and other flight incentive pay, does consider him or her a pilot for those purposes. Imagine now going to the FAA with either interpretation of when someone becomes a PILOT in the eyes of the Service Branch. It just wasn't meant to be used for that, so the FAA is going to have to clarify what trigger point
they want to use.
I happen to fly as a civilian strictly under the provisions of the medical allowance in question, though have held FAA medicals in the past. I'm not the Chief Counsel, but my TLAR answer in this question would be, notwithstanding the determination of flight pay which uses the earliest date interpretation of aviation service in order to determine qualifying aviation activity, the person in question does not satisfy the requirement of the CFR until the Service Branch (ARMY in this case) issues the
aeronautical rating of PILOT. I don't know when that occurs for the Army, but that would be my answer.
In my interpretation of the world (my perception is after all, my reality
), homeboi is SOL until he
earns those wings.