RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00700 

   						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

Her record reflect she was on Activation Medical Hold under Title 10 United States Code (USC), §12301 (h) during the period 12 Jun 10 through 27 Jun 10.

APPLICANT CONTENDS THAT:

Members with medical conditions rendering them unable to perform military duties are supposed to be continued in MPA Title 10 status.  Therefore, she should not have had a break in Title 10 orders in FY10.  The improper break in her FY10 Title 10 orders denied her credit for completing one of four possible 90-day period of active service in FY10, which negatively impacted her retirement eligibility. 

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

STATEMENT OF FACTS:

The applicant served in the grade of lieutenant colonel in Air National Guard during the matter under review.

According to the documentation submitted by the applicant:

a.  Under Special Order R-5000071, dated 9 Sep 09, (as amended by Special Order R-5000066, dated 21 May 10) the applicant was ordered to active duty (Title 10) in support of contingency operations during the period 11 Sep 09 through 11 Jun 10. 

b.  Under Special Order R-5000087, dated 19 Aug 10, the applicant was order to active duty (Title 10) during the period 28 Jun 10 through 20 Oct 10.

c.  Under Special Order A-5000665, dated 27 Aug 10, the applicant was order to Special Training State (Title 32) 32 USC 504/505 status for medical purposes during the period 13 Jun 10 through 27 Jun 10.  

The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPRs), which are included at Exhibits C, D, and E.

AIR FORCE EVALUATIONS:

NGB/SG recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  Based on the SAF/AA Memorandum, dated 8 Dec 06, Subject: “Return to Active Duty of Air Reserve Component Members Unable to Perform Military Duties,” it clearly states “Active duty orders will be continued until the Airman is returned to duty or processed through the DES.”  However, in order to cover a break in service during the period 12 Jun 10 through 27 Jun 10, the applicant was incorrectly placed on Title 32 USC 504/505 Special State Orders.  The applicant’s Command Man-Day Allocation System (CMAS) and medical continuation days should have started when she was rendered not fit for full military duty as per the AF Form 469, Duty Limiting Condition, dated 1 Jun 10.  The service member was not returned to duty until she was released from her Medical Continuation (MEDCON) orders on 29 Apr 11; therefore, her Title 10 orders should encompass this entire time period without any break in service.  

Should the Board elect to grant the request, the Activation Medical Hold Order Title 10 USC 12301 (H) should be modified to cover the duty period in question, 12 Jun 2010 through 27 Jun 2010.  In turn, the Title 32 USC 504/505 Special Training State Order covering the same time period should be canceled. The actions above would absolve the break in service, providing the applicant with the entitlements she is requesting. 

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

NGB/A1PS recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  NGB/A1PS concurs with NGB/SG, stating NGB/SG’s recommendation accurately directs relief that (the applicant) “should have been on orders.” Since the applicant is no longer in the ANG, her home unit cannot modify or create the order needed.  Due to this, a ROP directing reduced retirement eligibility under Title 10 USC § 12301(h) without an order would be required to process the action at HQ Air Reserve Personnel Center Denver.

A complete copy of the NGB/A1PS evaluation is at Exhibit D.

AFPC/DPFA recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  According to the 15 Aug 12 Secretary of the Air Force (SAF) MEDCON Policy Guidelines, an Airman may be eligible for MEDCON orders when an injury, illness, or disease is incurred or aggravated while serving on orders and that condition renders the Airman unable to perform military duties.  The applicant met the criteria outline in the SAF MEDCON Policy Guidelines.  According to the supporting documents provided by the applicant, the medical group agreed the applicant’s orders were not issued/verified in a timely manner.  Through no fault of the applicant’s these issues resulted in delay in authorization and ultimately allocation of her CMAS.

Recommend changing her record to reflect she was on continuous Duty/Authority of Medical Hold (Title 10) 10 USC §12301 (h) during the period 12 Jun 10 through 27 Jun 10 (16 days). 

A complete copy of the AFPC/DPFA evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

A copy of the Air Force evaluations was forwarded to the applicant on 7 Dec 17 for review and comment within 30 days (Exhibit F).  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 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 opinions and recommendations of and NGB/A1PS and AFPC/DPFA  and adopt the rationale expressed 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.	

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 the APPLICANT be corrected to reflect she was in continuous Duty/Authority of Medical Hold (Title 10) 10 USC §12301 (h) during the period 12 June 2010 through 27 June 2010, and qualifies for reduced retirement eligibility under Title 10 USC §12301 (h).  

The following members of the Board considered AFBCMR Docket Number BC-2016-00700 in Executive Session on 6 Feb 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 16 Feb 16, w/atch(s).
	Exhibit B.  Excerpts from Master Personnel Records.	Exhibit C.  Memorandum, NGB/SG, dated 2 May 17.
	Exhibit D.  Memorandum, NGB/A1PS, dated 24 Aug 17.	Exhibit E.  Memorandum, AFPC/DPFA, dated 20 Nov 17.
	Exhibit F.  Letter, AFBCMR, dated 7 Dec 17, w/atch(s).

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