RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-02196
		INDEX CODE:  135.03
		COUNSEL:  NONE
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

Her records be corrected to show her on Active Duty (AD) status from 11 May 07 through 31 Jul 07 and that she receive retroactive pay, points, all entitlements and benefits for this period of time.

The applicant also requested restoration of six days of leave; however; she was retired from military service on 1 Oct 08 and rescinds this request.

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APPLICANT CONTENDS THAT:

On 29 Mar 04, she was diagnosed with a medical condition, placed on AD orders and entered into the Disability Evaluation System while undergoing medical treatment.  Her case was referred to the Medical Evaluation Board (MEB) when her AD orders were terminated.  As of 11 Jul 08, her MEB case was still pending adjudication.

She was removed from AD orders in support of “Operation IRAQI FREEDOM” and placed on medical continuation orders on 30 Sep 06 for medical conditions incurred while in military status and determined to be in Line of Duty (LOD).  On 10 May 07, the orders were revoked.  At that time, she was receiving treatment for service-connected medical conditions determined to have been incurred in LOD and had not yet reached maximum medical improvement for release from medical care.  She was erroneously placed on “no pay/no points” orders for the period of 10 May 07 through 31 Jul 07 for the purpose of receiving medical care.

In support of her application, the applicant submits a memorandum from the Chief Aerospace Medicine Commander, AD orders for period of Mar 04 through May 07, and a medical board interview.

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

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STATEMENT OF FACTS:

Information extracted from the Military Pay Data System (MilPDS) indicates the applicant was retired in the grade of CMSgt on 2 Nov 08.  She will be eligible for Reserve retired pay in the year 2016.

The remaining 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 at Exhibit C. 
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AIR FORCE EVALUATION:

HQ AFRC/A1BB recommends approval of active duty pay and points for the period of 27 May 07 through 31 Jul 07.  

A1BB states the applicant was on active duty orders for the period of 15 Oct 04 through 30 Sep 05.  She was diagnosed with papillary thyroid cancer in 1991 while in Reserve status and had a relapse while in active duty status 11 Apr 05.  A LOD was initiated on 6 Mar 07 and approved on 12 Jun 07.  An MEB was initiated in Nov 07 and was forwarded to a Formal physical Evaluation Board (FPEB) on 21 Jul 08 for final determination.

If an airman incurs a disability in the line of duty while on an Extended Active Duty (EAD) tour, they are not involuntarily released from those orders until the medical condition is resolved, or the condition cannot be improved and the case has completed Disability Evaluation System processing.  The applicant was placed on a “4T” participation waiver on 5 May 07 which was subsequently revoked by HQ AFRC/SG on 20 Jul 07 due to her deteriorating medical condition.  The applicant’s pay history indicates her active duty status was interrupted on 26 May 07; however, on 1 Aug 07, she was placed back on continuous active duty orders.

A1BB notes the pay and points for this period of time should be exclusive of the pay and points already received during this period of time.

The complete A1BB evaluation, with attachments, is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In her rebuttal dated 26 Aug 08, the applicant requested the pay status codes for 12-29 May 07; 29 May 07 to 05 Jun 07; 12-14 Jun 07; and 18 Jun 07, be corrected to reflect continuous Active Duty Pay and Points to cover 12 May 07 through 31 Jul 07. 

Applicant’s complete submission 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 error or injustice.  After reviewing the applicant’s submission and the evidence of record, we are persuaded that some relief is warranted.  With respect to the applicant’s request, we note that the appropriate Air Force office of primary responsibility has verified her period of pay and points as 27 May 07 through 31 Jul 07 and confirmed that an additional 64 paid points are required to establish a satisfactory year for the period of 28 Jul 06 to 27 Jul 07.  Therefore, we conclude that applicant's 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 she be awarded an additional 64 paid active duty points for retention/retirement year 28 July 2006 to 27 July 2007

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The following members of the Board considered this application in Executive Session on 17 December 2008, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Panel Chair
XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Jun 08, w/atchs.
    Exhibit B.  Letter, HQ AFRC/A1BB, dated 12 Aug 08, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 22 Aug 08.
    Exhibit D.  Letter, Applicant, dated 26 Aug 08, w/atchs.

                                   XXXXXXXXXX
                                   Panel Chair

AFBCMR BC-2008-02196

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 she be awarded an additional 64 paid active duty points for retention/retirement year 28 July 2006 to 27 July 2007.

		XXXXXXXXXX
                                     	Director
                                     	Air Force Review Boards Agency