RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-00096
		INDEX CODE:  

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His record be changed to show that his retention/retirement (R/R) year of 20 September 1992 to 19 September 1993 be corrected to reflect a satisfactory year of Reserve service.

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APPLICANT CONTENDS THAT:

He was injured while performing his annual training (AT) at Eglin AFB, Florida.  While his injury was considered line of duty (LOD), the actual paperwork was not completed due to an administrative oversight.  He was eventually sent to a civilian doctor and his injury was finally repaired on 1 March 1993.  He contends he is getting ready to retire from the Air National Guard (ANG) and will be transferred to the Reserve Retired List.  He has served with honor and loyalty and does not believe he should have a bad year of service included on his record when the injury was caused as a result of that duty.  He contends had his injury been taken care of promptly he would not have missed as much duty as he did.  He asks for no monetary reimbursement, only that his record be changed to give him full credit for service rendered.

In support of his appeal, the applicant has provided copies of his LOD paperwork, statements from civilian doctors, point credit summaries, several AF Form 422’s, Physical Profile Serial Reports, and several AF Form 1971’s, Medical Certificate.

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

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STATEMENT OF FACTS:

The applicant, currently a member of the Illinois ANG (ILANG), began his military career on 20 September 1984.  He was eventually promoted to the grade of technical sergeant (TSgt).  On 24 July 1991, while on AT at Eglin AFB, FL, he stepped on a tent pole and fractured his ankle.  Medical personnel at the military medical facility at Eglin splinted his ankle and gave him crutches.  Upon return to his unit he reported to the clinic for care.  On 4 October 1992, he returned to his unit clinic complaining of right ankle pain and was referred to a civilian orthopedic specialist for further evaluation and treatment.  On 1 November 1992 an LOD determination was started and on 26 March 1993, his local unit declared his injury as in LOD.  The LOD also indicated him as being incapacitated beginning 30 October 1992.

On 6 November 1992, he was put on physical profile that restricted his military duty and recommended he not return to full military duty unless cleared by a military physician.  He was placed in a disability pay and allowance status from 30 October 1992 through 19 April 1993.  

On 1 March 1993, he underwent elective surgery on his right ankle.  On 19 April 1993, another Physical Profile Report was accomplished wherein the applicant was noted as being cleared for general service and worldwide duty.  Another Physical Profile Report was accomplished on 1 May 1993, wherein he was restricted to light duty during Unit Training Assembly’s (UTA’s) only.  On 10 July 1993, the restriction to light duty during UTA’s only and the restriction from active duty were both rescinded and the applicant was returned to duty without restriction.  His physical profile was reviewed and validated on 18 November 1996.  

As of 19 September 2004, the applicant had performed 20 years of satisfactory service.  His only year of unsatisfactory service was R/R year 20 September 1992 to 19 September 1993 wherein he earned only 35 of the required 50 points for a satisfactory year of service.  His current End Term of Service (ETS) is 19 September 2006.

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AIR FORCE EVALUATION:

ANG/DPFOC recommends denial.  DPFOC cites Department of Defense Instruction 1241.2, Reserve Component Incapacitation System Management, wherein it is stated Reservist’s unable to perform military duty and receiving pay and allowances during the period of incapacitation shall not be allowed to attend UTA’s for the purpose of accruing retirement points.

DPFOC’s complete evaluation, with attachment, 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 28 October 2005 for review and comment within 30 days.  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air National Guard office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In fact, it appears the disability system worked well in this instance.  Additionally, we do not believe the length of time it took the State to complete his Line of Duty determination had a detrimental effect on his career.  The fact he collected incapacitation pay from October 1992 to April 1993 did leave him short of the required 50 points for a good year by regulation; however, this has had no effect on his retirement eligibility.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2005-00096 in Executive Session on 1 December 2005, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Dec 04, w/atchs. 
    Exhibit B.  Letter, ANG/DPFOC, dated 20 Oct 05, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 28 Oct 05.

                                   
                                   Panel Chair