RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-02700 INDEX CODE:	135.00

COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His records be corrected to reflect pay and points from June 1998 for periods which he was unable to perform military duty due to an administrative oversight.

APPLICANT CONTENDS THAT:
In June 1998, while serving on active duty during an operational readiness exercise, he seriously injured his back. He was not aware until January 2006 that proper procedures had not been followed. This administrative oversight has caused financial and professional hardship on him and his family.

In support of his request, applicant provided documents pertaining to his Congressional inquiry, civilian and military medical documents, and various other service related documents.

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

STATEMENT OF FACTS:
In June 1998, while serving in the Air Force Reserve, the applicant was participating in an Operational Readiness Exercise (ORE) on his annual tour and suffered a back injury. He was seen on 19 Jun 98, at the XXst Medical Group, Kessler AFB, MS, for right lower back pain with radiating pain throughout his back. He was not given a duty restriction or limitation at the time; however, a line of duty (LOD) determination was not initiated.

On 3 Aug 00, he was seen for worsening pain and was restricted from heavy lifting.

On 2 Oct 00, he was evaluated due to lower back pain that radiated to his toes, following physical activity. He was treated for the next two years; however, his physical status indicated he was fit for duty without restrictions and was worldwide qualified the entire period of time.

On 25 Jul 02, his back condition deteriorated to the point that he was placed on a L4-T profile status (not fit for duty) due to continued physical restrictions.

On 11 Sep 02, he was evaluated by the neurosurgery clinic and was returned to duty locally; however, it was during this consult that the provider noted that his L5-S1 disc herniation was most likely secondary to the heavy lifting episode in 1998.

He continued to have back discomfort and pain from 2002 forward; however, he was never deemed unfit or unable to perform military duties.

On 22 Aug 04, he was identified as a L1 profile (medically qualified for worldwide duties).

From 14 Sep 04 to 11 Oct 04, he deployed to Bagram, Afghanistan. Neither his pre nor post deployment health assessments revealed any residual back concerns.

On 20 Oct 05, he suffered a back problem that required physical restrictions. On 4 Nov 05, he was placed on a L4 profile and found to be unfit for military duty. On 1 Jan 06, he was cleared by his neurosurgeon and returned to full duty.

On 22 Feb 06, an LOD was initiated for the injury suffered in 1998. This LOD determination focused on the aggravation of his back injury while in a civilian status and was finalized on
19 Mar 06, with a finding of “existed prior to service-LOD not applicable,” indicating the condition was not service connected. The case was completed by the 926 AW; however, was not submitted to the Headquarters Air Force Reserve Command Surgeon General (HQ AFRC/SG) LOD board for review.

The LOD board reviewed this package and felt a new LOD should be initiated by his current Reserve medical unit for the initial injury in 1998.

In Mar 07, the applicant experienced a worsening of his medical condition which resulted in his temporary placement in a L4-T profile status.  He was returned to full unrestricted duty on 9 Jun 07.

In May 08, a second LOD was initiated for the initial injury in 1998, it was finalized in Jun 08 with a determination of In Line of Duty (ILOD).

As a result of the May 08 LOD determination he is eligible for pay and points for those times or instances that he was deemed to be unfit for military duty.

The member is currently undergoing a Medical Evaluation Board (MEB).

AIR FORCE EVALUATION:
HQ AFRC/SG recommends the applicant be paid only during the periods he was deemed unfit for military duty. SG recommends he receive pay and allowances for the following periods: 25 Jul 02-
11 Sep 02; 4 Nov 05 - 1 Jan 06; 10 Feb 06 – 9 Sep 06; and 2 Dec 06-19 Apr 07. The applicant can also file for Incapacitation Pay IAW DODI 1241.2 and AFRCI 36-3004, if he suffered any loss of civilian income as a result of the 1998 ILOD injury.

The complete SG evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 24 Oct 08, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received.

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 regarding the applicant’s request for pay and points from 1998 to the present. However, DOD policy states that a member will only be paid pay and allowances during the period they remain unfit for military duty. As such, HQ AFRC/SG determined after their review of this case the periods the applicant is eligible for pay and allowances dates back only to 2002. Further, AFRC/A1KP, the office of primary responsibility for pay and points, advised that based on SG’s recommendation, the applicant’s record be corrected to award him a total of 10 additional paid inactive duty for training (IDT) points for the Retention/Retirement  (R/R)  year  20  September  2005  through
19	September 2006 and 7 additional paid IDT points for R/R year
20	September 2006 through 19 September 2007. Since the recommendations to correct the applicant’s record deviate from his stated request, we contacted him to obtain his comments. The applicant has advised he is in agreement with the recommended corrections. Therefore, we recommend his records be corrected as indicated below.

THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that:

a.	He was awarded an additional 10 paid inactive duty for training points for the Retention/Retirement Year 20 September 2005 – 19 September 2006 resulting in 89 total points.

b.	He was awarded an additional 7 paid inactive duty for training points for the Retention/Retirement Year 20 September 2006 – 19 September 2007 resulting in 81 total points.

The following members of the Board considered AFBCMR Docket Number BC-2008-02700 in Executive Session on 5 February 2009, under the provisions of AFI 36-2603:

Vice Chair 
Member
Member
All members voted to correct the records, as recommended. The following documentary evidence was considered:

Exhibit A.	DD Form 149, dated 19 Jul 08, w/atchs. Exhibit B.	Letter, HQ AFRC/SG, dated 9 Oct 08.
Exhibit C.	Letter, SAF/MRBR, dated 24 Oct 08.