RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03446 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be given active duty service credit for the period 29 July 2004 – 5 February 2008. _________________________________________________________________ APPLICANT CONTENDS THAT: He was injured in the line of duty (LOD) while serving on active duty orders. His active duty orders expired on 28 July 2004 and he was not issued medical continuation orders to complete the LOD process. In support of his appeal, the applicant provides letters from AFPC/DPPDS and AFRC/A1BF and a copy of his Informal Physical Evaluation Board (IPEB) findings. Applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant was honorably retired from the Air Force Reserve in the grade of master sergeant (E-7) on 6 February 2008. The applicant was placed on active duty orders from 1 April 2003 to 1 March 2004. On 25 February 2004, he complained of left arm weakness, which was an injury that was considered to have Existed Prior to Service (EPTS); however, it was service aggravated. An LOD was initiated on 13 December 2006 and finalized on 10 January 2007, with the findings of "In the Line of Duty." On 24 October 2006, an IPEB found the applicant unfit to perform his duties. On 27 November 2006, an AF Form 522, Physical Profile Serial Report, placed him on a "4T" profile with an expiration date of 27 November 2007. On 26 July 2007, an IPEB concluded the applicant's medical condition no longer prevented him from reasonably performing the duties of his office, rank or rating. The IPEB found him fit and recommended he be returned to duty. On 23 October 2007, the applicant was nonrecommended for reenlistment due to his inability to remain current under the Individual Readiness Program. On 6 November 2007, the commander concurred with that recommendation. Under the provisions of ARFCI 36-3004, Incapacitation Pay And Management Of Reservist Continued On Active Duty Orders, para 3.4.1.0., 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, or the case has been completed through the Disability Evaluation System. _________________________________________________________________ AIR FORCE EVALUATION: AFRC/A1B recommends denial of the request and states the applicant had a LOD injury and a Medical Evaluation Board found him "Fit". His military participation history reflects he has participated for pay and points at various Unit Training Assemblies and Annual Tours since August 2004 up through his retirement. With respect to the applicant's contention that he was not given a briefing according to the LOD process, it is the Command's standard practice to provide such information to the members. The complete AFRC/A1B evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant contends he should have remained on active duty orders until his LOD was completed. Unfortunately, he was not briefed on the LOD process and was only able to see base doctors during Unit Training Assemblies ( UTAs) or annual tours. Applicant's complete response, with attachments, is at Exhibit E. _________________________________________________________________ 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. We took notice of the applicant's complete submission in judging the merits of the case and we agree with the recommendation of the Air Force Reserve office of primary responsibility and adopt its rationale as the basis for our decision the applicant has been the victim of an error or an injustice with regards to active duty service credit. Although the applicant requests active duty service credit beginning 29 July 2004, his medical condition did not render him unfit to perform his duties until 27 November 2006, as evidenced by the AF Form 422, dated 27 November 2006, placing him on a "4T" profile. Based on the SAF/AA established guidance, he should have been placed on medical continuation orders until such time as his LOD medical condition was resolved. On 26 July 2007, the IPEB found the applicant fit and recommended he be returned to duty. Therefore, we recommend that his records be corrected to the extent 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 not released from active duty on 27 November 2006, but on that date he was continued on active duty. b. On 26 July 2007, he was released from active duty. ________________________________________________________________ The following members of the Board considered Docket Number BC- 2008-03446 in Executive Session on 18 August 2009, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to Docket Number BC-2008-03446 was considered: Exhibit A. DD Form 149, dated 29 Aug 08, w/atchs. Exhibit B. Letter, AFRC/A1K, dated 24 Feb 09, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 27 Feb 09. Exhibit D. Applicant's response, dated 20 Mar 09, w/atchs. AFBCMR BC-2008-03446 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, XXXXXXX, be corrected to show that: a. He was not released from active duty on 27 November 2006, but on that date he was continued on active duty. b. On 26 July 2007, he was released from active duty.