RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-01850

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

He be given points toward his retirement and his Point Credit Accounting and Reporting System (PCARS) be amended to reflect a satisfactory Retirement/Retention (R/R) year for 2015.

APPLICANT CONTENDS THAT:

In 2013, he had two surgeries.  The first surgery was to remove a tumor in his neck.  Based on the biopsy results, a second surgery was required to remove cancer.  

At the end of 2013, he passed the Fitness Assessment (FA) with a score of 97 and performed all of his Unit Training Assembly (UTA) duties as recorded by a good R/R year for 2013. 

Through no fault of his own, he was not credited with a good R/R year for 2015.  He reported his illness to the Medical Flight, provided all medical records and was appropriately put on a profile.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve (AFR) in the grade of Technical Sergeant (TSgt).

According to AF Form 469, Duty Limiting Condition Report, dated 2 Sep 14, the applicant was placed on a duty and mobility restrictions profile, which was valid until 2 Nov 14 while he underwent a Medical Evaluation Board (MEB) to determine his medical fitness for continued worldwide duty and retention.

According to AF Form 469, dated 2 Dec 14, the applicant’s profile was updated to reflect that he could not participate for pay or points until further notice.

According to AF Form 469, dated 7 Feb 16, the applicant completed the MEB and World Wide Deployable (MEB/WWD) process and was placed on an Assignment Limitation Code (ALC).

According to AF Form 422, Notification of Air Force Member’s Qualification Status, dated 6 Feb 16, the applicant was found fit and returned to duty.  He was placed on an ALC-C2 status with the following restrictions:

	Reserve participation in Unit Training Assemblies (UTA), Annual Tour (AT), and Man-days within CONUS.  He may be assigned to locations with fixed Medical Treatment Facilities (MTFs) only no duty assignments under field conditions.  The restrictions were permanent and could not be removed without AFRC/SG’s approval.  Waiver was valid until 31 Jan 17.

According to the applicant’s Service History Sheet, dated 25 Jan 18, the applicant received 37 R/R points for the Retirement Year Ending (RYE) 2015 (22 Extension Course Institute (ECI) course points and 15 membership points) and has 17 years, 2 months, and 7 days of satisfactory service (Exhibit B).

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.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFRC/SGO defers this case to the Board.  However, SGO notes that the applicant’s case was delayed for a large period of time in 2015 by his local Reserve Medical Unit (RMU) prior to being submitted to the adjudicating authority, AFRC/SGO, who eventually granted a retention waiver and retuned him to duty. 

By way of background, during the work up of the required fitness for duty case, two participation waivers were requested as permitted in accordance with the governing instructions, which if granted would have allowed him to participate and earn not only pay but the points necessary to secure a good year.  The first waiver was approved on 2 Sep 14 for 60 days in order to allow the full case to be submitted to AFRC/SGO for adjudication.  The second participation waiver was not submitted until of 26 Jul 15 and was denied due to the lengthy delay in submission of the required full fitness for duty case. The fitness for duty case was ultimately submitted to AFRC/SGO on 16 Dec 15 and a “Return to Duty” determination was rendered on 29 Jan 16.

The AFRC Office of the Command Surgeon, Aerospace Medicine Division (AFRC/SGO), received the applicant’s medical case in December 2015.  However, AFRC/SGO does not own the Reserve Personnel Participation program governed by AFI 36- 2254V1, Reserve Personnel Participation, in which the restrictions on participation while members are not medically qualified are established and codified.

The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 28 Nov 17 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

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

3.   Sufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice.  In considering the applicant’s complete submission in judging the merits of the case, we note the comments of SGO that states his RMU delayed the processing of the case for an extensive period in 2015.  However, had the applicant’s case been processed in a timely manner, the applicant would have received a waiver and been returned to duty, and been allowed to complete a satisfactory year for 2015.  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 he was credited with an additional 13 non-paid Inactive Duty Training (IDT) points for Retention/Retirement (R/R) Year ending on 17 December 2015, resulting in 50 total retirement points for R/R 2015, which constitutes one year of satisfactory Federal service.

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 Docket Number BC-2016-01850 in Executive Session on 6 Feb 18:

, Vice Chair 
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

	Exhibit A.  DD Form 149, dated 5 May 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFRC/SGO, dated 6 Nov 17.
	Exhibit D.  Letter, SAF/MRBC, dated 28 Nov 17.

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