RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:			DOCKET NUMBER:  BC-2014-01540
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

He be credited with a satisfactory year of Reserve service for the retention/retirement year 9 Jun 05 to 8 Jun 06.


APPLICANT CONTENDS THAT:

While he was medically cleared to return to his civilian job a few weeks after his 22 Mar 05 surgery, his unit commander denied his request on several occasions to return to his unit training assemblies (UTA) to perform light duty.  The process to take him off profile drug out for several months and by the time he was permitted to return to military service it was too late to make up the time to attain a “satisfactory” year.  

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


STATEMENT OF FACTS:

During the matter in question, the applicant was serving in the Air National Guard in the grade of technical sergeant (E-6).

From 9 Jun 05 to 8 Jun 06, the applicant earned 31 points, which constitutes an unsatisfactory year of reserve service.  In order for a year to be satisfactory and, thus, creditable towards Reserve retirement, a member has to earn at least 50 points during the period.

On 26 May 14, the applicant was relieved from his current assignment and assigned to the retired reserve section and placed on the Air Force retired reserve list. 

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.



AIR FORCE EVALUATION:

NGB/SGPA recommends granting relief, indicating sufficient evidence has been presented to demonstrate the existence of error or injustice.  The applicant was diagnosed with a herniated nucleus polyposis in Oct 02, and granted a line of duty (LOD) determination.  After several years of therapy, surgery was performed on 22 Mar 05 to relieve the symptoms.  Within a few weeks of the surgery the applicant was released from medical care and allowed to return to his civilian job.  He requested to return to his unit’s UTAs to perform light duty in order to have a satisfactory year, but his request was repeatedly denied by the unit commander.  There is no documentation to support the commander’s reasoning for denying the applicant’s return.  The applicant was officially released from civilian medical care on 1 Sep 05 with an excellent prognosis and no limitations or restrictions.  He was evaluated by a military provider and also released without limitations on 4 Jan 06.  Had the applicant been allowed to participate in military duties after being released from medical care he would have had a sufficient amount of time to have a satisfactory year during the period in question.  

A complete copy of the NGB/SGPA evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 18 Aug 14 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  Therefore, we recommend the applicant's records be corrected as indicated below.	



THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that for Retention/Retirement Year 9 June 2005 through 8 June 2006 he was credited with an additional nineteen (19) non-paid Inactive Duty Training (IDT) points, resulting in him being credited with a total of 50 points, which constitutes a satisfactory year of Reserve service.


The following members of the Board considered AFBCMR Docket Number BC-2014-01540 in Executive Session on 21 Apr 15 under the provisions of AFI 36-2603:

	 

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-01540 was considered:

	Exhibit A.  DD Form 149, dated 11 Apr 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/SGPA, dated 22 May 14.
	Exhibit D.  Letter, SAF/MRBR, dated 18 Aug 14