RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01483
								INDEX CODE:  128.14, 135.02
	XXXXXXXXXXXXX				COUNSEL:  NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 November 2008

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APPLICANT REQUESTS THAT:

He be placed on active duty orders for the period 1 January 2006 to 7 March 2006, with subsequent back pay.

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APPLICANT CONTENDS THAT:

He was injured in the line of duty (LOD) on 27 December 2005 while serving on active duty orders at Shaw AFB, SC.  His active duty orders expired on 1 January 2006, and he was not issued medical continuation orders until 7 March 2006.

His injury left him unable to work in any capacity at either his civilian or military job.  He was ordered to remain at Shaw AFB to await orders and seek further medical treatment which never came.  After returning to his home station, Patrick AFB, FL, the medical continuation did not drop [sic] until 7 March 2006, just before surgery for his injury.

In support of his appeal, he has provided copies of an LOD Determination, dated 26 January 2006, RO D-02206, dated 29 March 2006, medical documentation from The Orthopaedic and Sports Medicine Center of Brevard, Inc., Physical Profile Serial Reports, dated 6 March 2006 and 17 May 2006, RO D-00187, dated 18 October 2005, and a document from Neuro-Skeletal Imaging, dated 8 March 2006.

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

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STATEMENT OF FACTS:

Applicant is a United States Air Force Reserve member, currently serving in the grade of Technical Sergeant (E-6), who was serving on active duty orders from 14 October 2005 – 31 December 2005, and from 6 February 2006 – 31 August 2006.  On 29 December 2005, he suffered an injury to his left shoulder, and an LOD was accomplished and finalized as In-Line-Of-Duty on 6 March 2007.

AFRCI 36-3004, paragraph 4.1, states if an airman incurs a disability in the line of duty while on an active duty tour, they are not involuntarily released from those orders until the medical condition is resolved, the medical condition cannot be improved and the case has been completed through the Disability Evaluation System processing, or the medical condition has been determined not to be in the line of duty.

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AIR FORCE EVALUATION:

AFRC/A1B recommends denial of applicant’s request for the period 1 January 2006 – 7 March 2006; however, they recommend partial relief of applicant’s request for the period 1 January 2006 – 5 February 2006.  

Applicant was serving on active duty orders from 14 October 2005 – 31 December 2005 and from 6 February 2006 – 31 August 2006.  Based on the AFRCI 36-3004 guidance, he should not have been involuntarily released from those orders, and should have been continued on active duty orders for the period 1 January 2006 – 5 February 2006. 

The AFRC/A1B evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 3 July 2007, for review and comment, within 30 days.  However, 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 an injustice that warrants granting applicant partial relief.  Evidence has been presented that he was serving on active duty orders for the periods 14 October 2005 – 31 December 2005, and from 6 February 2006 – 31 August 2006.  Based on the AFRC established guidance, he should not have been involuntarily released from the original orders until his LOD medical condition was resolved, and should have been continued on active duty orders for the period 1 January 2006 – 5 February 2006.  Therefore, we recommend that his records be corrected to the extent 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 not released from active duty on 1 January 2006, but was continued on active duty through 5 February 2006.

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The following members of the Board considered Docket Number BC-2007-01483 in Executive Session on 15 August 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Dec 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFRC/A1B, dated 18 Jun 07.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Jul 07.