RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01466 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: She be credited with pay and points for four (4) Unit Training Assembly (UTA) weekends between Aug and Nov 2011. ________________________________________________________________ APPLICANT CONTENDS THAT: Coming off of active duty, she tried to do what she thought was correct by turning in all of her medical documentation. She was misdiagnosed with a heart condition and it took four months to get the medical documents to the medical group which was entirely too long and she lost points and pay. She was not made aware that she had been placed in a “no pay no points” status. The regulation is not cited on the AF Form 469, Duty Limiting Condition Report and it should have been; nor was the form signed, and Block 31 is not annotated which brings the validity of the form in question. In support of her appeal, the applicant provides copies of the unsigned DD Form 469, dated 10 Nov 11; email correspondence; medical diagnosis from her civilian provider, and various other documents. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: During the Retention/Retirement (R/R) Year 1 Nov 10 – 31 Oct 11 the applicant was credited with 85 retirement points; during her R/R Year 1 Nov 11 – 31 Oct 12, the applicant was credited with 80 retirement points and both R/R years were satisfactory years of service. ________________________________________________________________ AIR FORCE EVALUATION: AFRC/A1K recommends denial, stating, in part, that the applicant's case file reflects that she was denied a participation waiver by the AFRC/SG staff for the period of time in question. The denial of participation is within the purview of authority for AFRC/SG (reference AFI36-2254, Volume I, Reserve Personnel Participation, paragraph 1.6.2). Thus, absent a change in position on this matter from the AFRC/SG staff that authorizes the applicant to participate for pay and points during Aug 11 to Nov 11 (4 UTAs), A1K has no basis for supporting the applicant's request. Instead, the concerns all appear to be medically related and as such, possibly could be more appropriately addressed by a medical authoritative source (AFRC/SG staff). The complete A1K evaluation is at Exhibit B. AFRC/SG recommends denial, stating, in part, in accordance with (IAW) AFI 48-123, Medical Examinations and Standards, all applicable AFIs were followed by the Reserve medical unit and AFRC/SG. No injustice has occurred and no relief is necessary. On 15 Mar 13, the applicant was denied a participation waiver by AFRC/SG. Medical records submitted indicate that it was not medically safe for her to participate nor was it in the best interest of the United States Air Force for her to engage in military duties during her post-operative period. In fact, the participation waiver should have been denied at the local level by the Aerospace Medicine Squadron (AMDS) physician, based on her records. Her case was adjudicated identically to others with similar medical conditions forwarded to AFRC/SG for review. IAW AFI 36-2254 VI, Reserve Participation 1.6.3.: A member identified as having a potentially disqualifying condition in accordance with AFI 48-123, attachment 2 notated on an AF Form 469 by any Air Reserve Component (ARC) or AD medical squadron will not be allowed to participate in any pay or point gaining activity until the disqualifying condition has been removed or an approved waiver is received from AFRC/SG in accordance with AFI 48-123. Any Inactive Duty Training (IDT) which is missed due to this medical limitation will be considered excused. Member will be excused from any type of military duty requirements until the profile has been finalized by AFRC/SGP or removed. When the applicant recovers to the point that she meets AFI 48- 123 standards and has been cleared for military duties by the medical squadron physician, she may again participate. The complete SG evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant notes that she was cleared to participate in military duty by the AMDS and the request was withdrawn by AFRC/SG. The concern she has with the entire process was that the formal AF Form 469 was not signed by her commander thus not making the document valid. She was further not informed of the issues in a timely manner. The applicant’s complete response 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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. The applicant contends that she should be credited with pay and points for the period between August and November 2011. She provides copies of an AF Form 469, which she purports, should have been signed. While the form is not signed, the Air Force Reserve Surgeon General (AFRC/SG) notes that the applicant was submitted for a participation waiver; however, her request was denied. Further, SG notes that her medical records indicates that it was not medically safe for her to participate nor was it in the best interest of the Air Force for her to engage in military duties during this period. While we cannot determine with any certainty the circumstances surrounding the applicant’s non-pay status during this period, she has not presented substantial evidence to our satisfaction to establish that she has been the victim of an error or injustice. Therefore, based on the available evidence of record, we find no basis upon which to favorably consider this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-01466 in Executive Session on 30 Jan 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 19 Mar 13, w/atchs. Exhibit B. Letter, AFRC/A1K, dated 12 Apr 13. Exhibit C. Letter, AFRC/SG, dated 24 Apr 13. Exhibit D. Letter, SAF/MRBR, dated 7 Jun 13. Exhibit E. Letter, Applicant, dated 15 Jun 13. Panel Chair