RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-00542

	COUNSEL: NONE
	
	HEARING: YES

APPLICANT’S REQUEST.  Payment for lost wages and participation points resulting from missed periods of 10 inactive duty training (IDT) days and 5 annual tour (AT) days during the period of 13 Apr 15 to 28 Sep 15, during which time she was medically restricted from entering a pay and points earning status.

APPLICANT’S CONTENTION. As a result of errors made by her servicing Reserve Medical Unit (RMU), she was incorrectly restricted from participating in military duties during the aforementioned period.  Due to these errors, she was unable to perform for pay/points and experienced financial hardship.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant is a master sergeant (E-7) in the Air Force Reserve.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATION.  AFRC/SGO recommends denying the application.  They opine that the applicant’s records and case file indicated a participation waiver was put forward and denied by the appropriate authority for reasons other than the record keeping error and inclusion of someone else’s echocardiogram in the request; the applicants participation waiver for obstructive sleep apnea (OSA) was not warranted on its merit.  The complete advisory is at Exhibit C.

AFRC/A1K recommends denying the application.  After their review of the source documentation provided by the applicant and AFRC/SGO, they determined the applicant’s requested relief should be denied as she did not have an AFRC/SGO approved participation waiver in effect IAW AFI 36-2254V1, Reserve Personnel Participation, para 1.4, Excusing Members for Failure to Perform Minimum Prescribed Duties. The complete advisory is at Exhibit D.  

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent copies of the Air Force evaluations to the applicant on 8 Feb 18 for comment (Exhibit E), but has received no response

THE BOARD CONCLUDES:

1.  The application was timely filed.  

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.  

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with AFRC/SGO and AFRC/A1K, and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief

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.

THE BOARD RECOMMENDS:  The applicant be informed that the evidence did not demonstrate material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION: The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered AFBCMR Docket Number BC-2016-00542 in Executive Session on 20 Mar 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 9 Feb 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFRC/SGO, dated 10 Jul 17.
Exhibit D: Advisory opinion, AFRC/A1K, dated 2 Feb 18, w/atch. 
Exhibit E: Notification of Advisory, SAF/MRBR to applicant, dated 8 Feb 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.