RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04276

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

She be granted seven (7) participation points in order to have a satisfactory Retention/Retirement (R/R) year.

APPLICANT CONTENDS THAT:

She was never properly notified that she was placed in a non-participation status from November 2010 to November 2011.  It appears this status began in July 2010 when she was placed on a profile which was not signed by a doctor until almost a year later in June 2011.  Additionally, her commander never signed the profile.  Consequently, through no fault of her own, this lack of information prevented her from requesting a participation waiver.  She planned on participating at the Unit Training Assembly (UTA) in December 2010.  However, her non-participation status precluded her from taking part in the UTA, which ultimately prevented her from achieving a satisfactory R/R year.  Therefore, she appeals to the Board to grant her seven participation points so she will have a satisfactory year of service.

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

STATEMENT OF FACTS:

On 3 November 1999, the applicant enlisted in the Air Force Reserve.

On 1 December 2007, the applicant, serving in the Air Force Reserve, entered a period of active service in support of Operation NOBLE EAGLE/HOMELAND DEFENSE.

According to AFI 48-123, Medical Examination and Standards, AF Form 469, Duty Limiting Condition Report, is a formal means to notify commanders and medical personnel of the impact of a condition on ability to perform military service.

AF Form 469 dated 12 December 2008, placed the applicant on duty and mobility restrictions, which expired on 27 June 2009.  The AF Form 469 did not include a signature in the section “Squadron Commander’s Review – Mobility Restrictions Not Valid without Signature.”

AF Form 469 dated 9 September 2009, placed the applicant on duty and mobility restrictions until 7 May 2010.  The AF Form 469 did not include a signature in the section “Squadron Commander’s Review – Mobility Restrictions Not Valid without Signature.”

AF Form 469 dated 30 July 2010, and reviewed by the health care provider on 1 June 2011, indicates the applicant was placed on duty and mobility restrictions and in a “no pay/no points” status because she was undergoing a Medical Evaluation Board (MEB).  The AF Form 469 did not include a signature in the section “Squadron Commander’s Review – Mobility Restrictions Not Valid without Signature.”

According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, she served on active duty under Title 10 USC 12302 in support of Operation Noble Eagle from 1 December 2007 through 30 November 2010.  On 30 November 2010, the applicant was released from active duty and was credited with 3 years of active service.

In a memorandum provided by the applicant dated 23 April 2015, the Air Force Personnel Center (AFPC) Individual Mobilization Augmentee (IMA) Program Manager stated the applicant was never counseled or provided an opportunity to request a participation waiver to allow for a satisfactory participation year.

The applicant is currently serving in the Air Force Reserve in the grade of senior master sergeant (E-8).

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

AIR FORCE EVALUATION:

AFRC/A1K recommends denial indicating there is no evidence of an error or an injustice.  Due to the length of time that elapsed since the alleged injustice, AFRC/A1K is unable to obtain sufficient information to determine whether proper notification procedures were followed in July 2010, per AFI 48-123.  AFRC/SG stated the applicant was appropriately placed in a non-participation status on 30 July 2010.  Additionally, AFRC/SG referenced AFI 10-203, Duty Limiting Conditions, paragraph 3.1.4, which states “Any AFRC Airman with a condition that is disqualifying from his/her specific duties and/or has an AAC [Assignment Availability Code] 31 is not allowed to participate in any pay or point gaining activity until the condition has resolved or a waiver is granted in accordance with AFI 36-2254 V1, Reserve Personnel Participation.”  The applicant’s non-participation waiver began on 30 July 2010, and she did not provide documentation to show AFRC/SG authorized her a participation waiver nor was one found on file.  However, the applicant was authorized to enter an active duty tour from 1 October – 30 November 2010.

A complete copy of the AFRC/A1K evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 21 December 2016, a copy of the Air Force evaluation was forwarded to the applicant 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 timely filed.

3.  Sufficient evidence has been presented to demonstrate the existence of an error or an injustice.  After considering the totality of the evidence before us, we are persuaded that relief is warranted.  Although the Air Force OPR was unable to determine whether proper notification procedures were followed, based on a preponderance of the evidence we believe corrective action is warranted.  In this respect, we note it appears the applicant may have been appropriately placed in a non-participation status on 30 July 2010.  However, the AFPC IMA Program Manager affirmed the applicant was not notified she would be placed in a non-participation status and was not given the opportunity to request a waiver.  In addition, notwithstanding the applicant’s non-participation status, she was authorized, as a reservist, to enter an active duty tour.  In view of the length of time it took to finalize the applicant's AF Form 469, we find it plausible neither the applicant nor her chain of command was notified she was placed in a non-participation status or provided options regarding a participation waiver.  Until the contested year, the applicant had a spotless participation history, achieving 15 satisfactory service years through Retention/Retirement year ending 2 November 2015.  Therefore, in view of the foregoing and in the interest of justice, we recommend the applicant’s records be corrected as set forth below.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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 awarded an additional seven (7) non-paid inactive duty training points for retention/retirement year 3 November 2010 to 2 November 2011, resulting in 50 total points; and that the period 3 November 2010 to 2 November 2011, is a year of satisfactory Federal service.

The following members of the Board considered AFBCMR Docket Number BC-2015-04276 in Executive Session on 14 February 2017, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered:

Exhibit A.  DD Form 149, dated 6 October 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFRC/A1K, dated 20 December 2016, 
  w/atchs.
Exhibit D.  Letter, AFBCMR, dated 21 December 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.