RECORD OF PROCEEDINGSQa 8 

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IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01056
		INDEX CODE:  135.02
	XXXXXXXXXXXXXXXXX	COUNSEL:  NONE

		HEARING DESIRED:  NO

M
ANDATORY CASE COMPLETION DATE:  October 2008

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APPLICANT REQUESTS THAT:

His records be corrected to show his Retention/Retirement (R/R) year 30 January 2005 through 29 January 2006 be a satisfactory year of Federal service.
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APPLICANT CONTENDS THAT:

While he was serving on active duty as a mobilized Reservist, he suffered a myocardial infarction on 17 January 2004 and was placed in a “P4” status pending Medical Evaluation Board (MEB) processing.  He remained on active duty until his release back to his Reserve unit on 13 January 2005.  Effective immediately, he was prohibited from participating as a Reservist until 7 September 2005.  As a result, he incurred a “bad year” for retirement through no fault of his own.  

In support of his application, he provided a copy of his AF Form 526, Service History; mobilization order; Line of Duty Determination; Physical Profile Serial Report; medical documentation; DD Form 214, Certificate of Release or Discharge from Active Duty; Notification of Pending MEB; Report of Medical Evaluation; and revised Physical Profile serial Report.  

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

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STATEMENT OF FACTS:

On 17 January 2004, the applicant was ordered to active duty in support of OPERATION IRAQI FREEDOM.  On 21 August 2004, he suffered a myocardial infarction.  He was placed on a physical profile “P4” effective 22 November 2004, following a stent placement, rendering him unavailable for worldwide duty.  On 13 December 2004, the applicant’s condition was determined to be in the line of duty.  

The applicant was released from active duty effective 12 January 2005 and reassigned to his Reserve unit on 13 January 2005.  On 7 April 2005, the applicant was notified of a pending MEB to determine his medical fitness for worldwide duty.  On 7 September 2005, the Office of the Secretary of the Air Force determined the applicant was fit for military duty and directed the applicant’s physical profile code be changed to “P3.”  

As of the Reserve Year Ending (RYE) 29 January 2006, the applicant was credited with 14 years, 2 months, and 29 days of satisfactory Federal service.

For RYE 29 January 2006, the applicant was credited with 17 inactive duty and 15 membership points, for a total of 32 points and an unsatisfactory year of Federal service.

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AIR FORCE EVALUATION:

ARPC/DPP recommends denial of the applicant’s request.  It is DPP’s opinion that it was unfortunate that the applicant became ill and could not participate when reassigned to his Reserve unit.  Timing of the medical evaluation versus his R/R year was also an unfortunate issue; however, all earned points were awarded appropriately.  

DPP states should the Board decide to approve the applicant’s request, his record should be corrected to reflect an additional 18 non-paid inactive duty training (IDT) points were awarded for his RYE 29 January 2006 for a total of 0 active duty points, 35 IDT points, 0 Extension Course Institute points, and 15 membership points, giving him 50 total retirement points and a year of satisfactory Federal service.  

The DPP evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He disagrees with the Air Force advisory opinion that there is no injustice in this case.  He was released from active duty to the Reserve forces in the same physical condition; however, the two military components viewed his condition differently.  Immediately, the Reserve restricted his duty and denied his inactive duty participation.  The injustice occurred when he did not receive equal opportunity and protection to participate in the Reserve component that he was allowed in the active force.  He could have remained on active duty in a medical hold status ensuring satisfactory service for his RYE 29 January 2006; however, he chose not to continue on active duty allowing a deployable member to occupy his position to better serve the needs of the Air Force.  No expenditure of funds would be required to accomplish this record correction.  If the Board does not approve to credit 18 non-paid inactive duty training points to his RYE 29 January 2006, then he requests that 18 excess points from his previous R/R year be added to his deficit R/R year making it a good year for retirement. 

The applicant’s rebuttal is at Exhibit D.

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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 injustice with respect to the applicant’s request pertaining to his RYE 29 January 2006.  The applicant claims that he was unable to perform enough inactive duty training for this year because he was not permitted to perform training while waiting for the results from his MEB.  While we do not find any error in this case, we feel the lengthy time it took to process his MEB was unreasonable.  Since the MEB returned the applicant to duty, we are of the opinion that the applicant should not be penalized because of his inability to fulfill training requirements for his RYE 29 January 2006 due to circumstances beyond his control.  Accordingly, we feel his records should be corrected as 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 he was awarded an additional 18 non-paid inactive duty training points for retirement/retention year 30 January 2005 through 29 January 2006, resulting in 50 total points; and, that the period 30 January 2005 through 29 January 2006 is a year of satisfactory Federal service.

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The following members of the Board considered this application in Executive Session on 28 June 2007, under the provisions of AFI 36‑2603:

	Ms. XXXXXXXXXXXXXXXXX, Panel Chair
	Ms. XXXXXXXXXXXXXXXXX, Member
	Ms. XXXXXXXXXXXXXXXXX, Member

All members voted to correct the records, as recommended.  The following documentary evidence for Docket Number BC-2007-01056 was considered:

	Exhibit A.  DD Form 149, dated 28 mar 07, with attachments.
	Exhibit B.  Letter, ARPC/DPP, dated 19 Apr 07.
	Exhibit C.  Letter, SAF/MRBR, dated 27 Apr 07.
	Exhibit D.  Applicant’s Rebuttal, dated 25 May 07.

						XXXXXXXXXXXXXXXXXXXX
									Panel Chair