RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01206

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Mandatory Separation Date (MSD) be extended to a date not to exceed 1 May 2002.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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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.  Accordingly, there is no need to recite these facts in this Record of Proceedings.

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AIR FORCE EVALUATION:

The Director of Personnel Program Management, ARPC/DPP, reviewed the application and recommends, among other things, that the applicant’s MSD be extended until such time that he is found fit for continuous military service or until such time that a Medical Evaluation Board (MEB) or Physical Evaluation Board (PEB) makes a final determination in his case, not to exceed 1 May 2002.

A complete copy of the Air Force evaluation is attached at Exhibit C.

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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 probable error or injustice.  In this respect, we note that while on active duty for training, the applicant received medical treatment (i.e., seven spinal taps) at Walter Reed Army Hospital.  As a result of these spinal taps, he now has severe back pain due to a nodule that developed when the spinal taps were performed.  This condition has been determined to have occurred in the line of duty.  Prior to electing to terminate his active duty training status, however, the applicant was not properly counseled regarding his rights under Department of Defense Directive 1241.1, Reserve Component Incapacitation Systems Mangement.  Had he received proper counseling, he could have remained on continuous active duty.  In view of this, and in an effort to permit the applicant to attain the maximum medical recovery and, if authorized, further processing under the disability system, we recommend his records be corrected to the extend indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that:

	a.  Pursuant to Sections 640 and 641, Title 10, United States Code, his Mandatory Separation Date (MSD) of 1 May 2001 was extended until a determination can be made concerning his fitness for continued military service, not to exceed 1 May 2002.

	b.  Pursuant to Section 12301(h)(1), Title 10, United States Code, on 9 February 2001, he did not terminate his active duty status, but on that date, he remained on continuous active duty.

	c.  The AF Forms 938, Request and Authorization for Active Duty Training/Active Duty Tour, dated 7, 12, 23 March 2001, and 3 and 13 April 2001, be declared void and removed from his records.

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The following members of the Board considered this application in Executive Session on 1 May 2001, 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 30 Apr 01.
  	Exhibit B.  Letter, ARPC/DPP, dated 30 Apr 01, w/atchs.

		
                                  Panel Chair 

AFBCMR 01-01206

MEMORANDUM FOR THE CHIEF OF STAFF

	Under the authority of Section 1552, Title 10, United States Code, and Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that:

	The pertinent military records of the Department of the Air Force relating to [applicant], be corrected to show that:

		a.  Pursuant to Sections 640 and 641, Title 10, United States Code, his Mandatory Separation Date (MSD) of 1 May 2001 was extended until a determination can be made concerning his fitness for continued military service, not to exceed 1 May 2002.

		b.  Pursuant to Section 12301(h)(1), Title 10, United States Code, on 9 February 2001, he did not terminate his active duty status, but on that date, he remained on continuous active duty.

		c.  The AF Forms 938, Request and Authorization for Active Duty Training/Active Duty Tour, dated 7, 12, 23 March 2001, and 3 and 13 April 2001, be, and hereby are, declared void and removed from his records.

			
			Chief Examiner
			Air Force Board for Correction
			of Military Records