RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04612 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: She be entitled to medical continuation on extended active duty (EAD) from 1 October 2009 through 19 November 2010. ________________________________________________________________ THE APPLICANT CONTENDS THAT: She should have remained on EAD due to a Line of Duty (LOD) injury. She has unjustifiably lost pay and benefits as a result of her illness; have had to pay out-of-pocket insurance co-pays; has loss of income, and was unable to pay for necessary therapeutic treatment. In support of her appeal, the applicant provides a copy of her EAD orders, Special Order (SO) R-J000025 for the period 16 Dec 08 – 30 Sep 09 and R-J000018, for the period 19 Nov 10 – 24 Jan 11; a copy of the LOD determinations from the National Guard Bureau (NGB) and her unit; a copy of letters from her physicians and other supporting documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Based on the available evidence, the applicant, a member of the Air National Guard (ANG) was placed on EAD orders for the period 16 Dec 08 – 30 Sep 09, in support of Operation IRAQI FREEDOM. The applicant was released from EAD on 30 Sep 09. A LOD determination was completed by the applicant’s unit on 9 Aug 10 and forwarded to NGB. On 18 Nov 10, NGB completed their findings and at that time, the applicant was placed on EAD orders pending resolution of a medical issue, from 19 Nov 10 – 24 Jan 11. ________________________________________________________________ THE AIR FORCE EVALUATION: NGB/A1PS recommends approval, stating, in part, subsequent to their initial determination, the applicant provided a line of duty determination (AF IMT 348) with her original BCMR application and has now provided documentation from the medical group confirming that she was mentally incapacitated on 9 Nov 09 and unable to perform any military duty. As such, the applicant qualifies for Return to Active Duty and Medical Continuation under current SAF policy and DoDI 1241.02, effective 9 Nov 09. The application states there are out-of-pocket insurance co-pays but no supporting documentation was included in the AFBCMR request. If the AFBCMR grants relief and returns the member to AD as of 9 Nov 09, member will then be able to claim unreimbursed medical expenses from that date forward from TRICARE. The complete NGB/A1PS evaluations, with attachments, are at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 8 Apr 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 warranting corrective action. We took notice of the applicant's complete submission in judging the merits of the case. It appears the National Guard Bureau (NGB) office of primary responsibility after reviewing the additional documentation presented by the applicant, made a determination to give the applicant partial relief. In this respect, we note that the recommendation from NGB appears to be based on the applicant becoming mentally incapacitated on or about 9 November 2009. Notwithstanding this, while we note NGB’s opinion and recommendation, we agree that the applicant’s previous medical condition and procedures, while on EAD, led to this incapacitation and that it is our opinion that she should have remained on active duty until her condition had been fully resolved. Therefore, we believe that any doubt should be resolved in the applicant’s favor and that she should not have been released from active duty until 19 November 2010. We believe correcting the records in this manner provides the applicant full and fitting relief. Accordingly, we recommend the applicant’s record 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 she was not released from extended active duty on 30 September 2009, but, was continued until 19 November 2010. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-04612 in Executive Session on 23 August 2011, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 9 Dec 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, NGB/A1PS, dated 29 Mar 11, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 8 Apr 11.