RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03278
		INDEX CODE:  108.03

		COUNSEL:  

		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

She be placed on active duty for the period 3 March 2003 to 14 July 2003 with all pay and allowances for that time period.

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APPLICANT CONTENDS THAT:

Air National Guard Instruction (ANGI) 36-3001, (Air National Guard Incapacitation Benefits), and ANGI 36-2910, (Line Of Duty And Misconduct Determinations) both state that a member can remain on active duty until completion of final disposition of their case.  ANGI 36-3001 also gives information about how to extend members every 30 to 60 days during this time period.  Department of Defense Instruction (DODI) 1241.2, (Reserve Component Incapacitation System Management), states that members called or ordered to active duty for a period of 31 days or more, who incur or aggravate an injury, illness, or disease in the line of duty, shall, with the member’s consent, be continued on active duty upon expiration of call or order to active duty until the member is determined fit for duty or the member is separated or retired as a result of a Disability Evaluation System (DES) determination.

In support of her appeal, the applicant has provided a personal statement and copies of her DD Form 214, Certificate of Release or Discharge from Active Duty, orders placing her on active duty, extending her active duty for 13 days, and placing her on active duty for a month to perform a line of duty (LOD) determination.  Copies of orders extending her LOD determination for two additional months, her LOD, sundry pertinent email traffic, her Inspectors General (IG) complaint, a memo from the XXXXX Air National Guard (XXANG) denying her request for incapacitation pay, copies of United States Code (USC) Titles 37 (Pay and Allowances of the Uniformed Services) and 10 (Armed Forces), ANGI 36-3001, a memo for the record (MFR) indicating early termination of applicant’s active duty in order for her to attend Professional Military Education (PME) training, select copies of her medical records, and copies of her unemployment paperwork. 

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

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STATEMENT OF FACTS:

The applicant, a current member of the XXANG, was ordered to active duty for the period 1 October 2002 to 17 February 2003.  Her orders were amended to extend her tour to 29 March 2003.  In mid February 2003, her unit advised her that she had been selected to attend a technical school that she had applied for prior to accepting her current active duty tour.  Her orders were again amended to curtail her active duty tour to 2 March 2003 to allow her to attend the training.  The training period was from 3 March through 14 March 2003.  Prior to her leaving for school, on 10 February 2003, she was injured when she slipped on ice and fell in front of her duty station.  She was transported for medical care and was treated as an outpatient at the local emergency room.  She was assigned to quarters for 2.5 weeks.  Her supervisor informed her of the necessity to process a LOD determination.  She faxed DD Form 348’s (Individual Sick Slip) and the first page of an AF Form 348 (Line of Duty Determination), LOD determination filled out by a civilian Family Practice Clinic physician.  On 25 February 2003, she returned to work and was again advised to process the LOD determination.  The LOD was incomplete and therefore insufficient for ANG/DP to continue her on her active duty tour.  She did however, attend and complete the PME class.  According to email traffic from the XX National Guard IG’s office, her LOD determination was finalized on 12 May 2003.  Her unit placed her on active duty from 15 July 2003 to 31 October 2003 to undergo an LOD determination.  
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AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  DPPI states she was not erroneously taken off orders and is not therefore eligible for back pay and entitlements.  DPPI refers to DODI 1241.2 and AFI 48-123 (Medical Examinations and Standards) wherein it is stated that “Pay and allowances under this Instruction shall be paid only during the period a member remains not fit for duty,” and “In all cases where standards for continued military service, deployment or mobility are not met, the AF Form 422 shall be annotated ‘…not qualified for deployment or mobility’ and the worldwide assignment block shall be checked ‘No’,” respectively.  DPPI contends the applicant never submitted an AF Form 422 stating she was not (emphasis from OPR) worldwide qualified.  Of the three AF Form 422’s received from the applicant, two showed no profile marked and the final AF Form 422 (Physical Profile Serial Report), dated 21 August 2003, includes an annotation of “worldwide qualified.”  The medical documentation presented specifically states she is worldwide qualified and deems her “fit for duty” with limitation thereby rendering DODI 1241.2 applicable.

DPPI’s complete evaluation, with attachments, is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 23 July 2004 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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 error or injustice. After reviewing the evidence of record, it is obvious that the applicant’s unit was not aware of the proper way to process the applicant’s LOD. We agree with the applicant’s contention that she should have remained on active duty from 15 March 2003 until 14 July 2003.  It appears that at the time she was taken off active duty, a line of duty determination and fitness for duty had not been made.  In this regard, we note the applicant was injured on 10 February 2003 and a LOD determination was not accomplished until 12 May 2003 that indicated her injury was in the line of duty. Further, it was not until 21 August 2003 that she was determined to be worldwide qualified and fit for duty. Therefore, we recommend that the applicant’s records be corrected to the extent indicated below.  The records show the applicant was on active duty from 3 March 2003 to 14 March 2003; therefore, she has already been paid for this period. 
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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 special orders were published by competent authority placing her on Active Duty Special Workday (ADSW) - Home Station orders from 15 March 2003 through 14 July 2003.

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The following members of the Board considered this application in Executive Session on 13 October 2004, 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 23 Sep 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 21 Jul 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Jul 04.

                                   

DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

AFBCMR BC-2003-03278

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 competent authority placing her on Active Duty Special Workday (ADSW) - Home Station orders from 15 March 2003 through 14 July 2003, published special orders.