RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03231 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: 1. She receive 24 days military pay in the total amount of $5,520.00 for attending medical evaluation board (MEB) appointments. 2. She be reimbursed $1,216.41 for per diem and travel expenses for the period 27 Mar 12 through 03 Apr 12. ________________________________________________________________ APPLICANT CONTENDS THAT: 1. She was not paid military pay while attending any of her appointments related to her Medical Evaluation Boards (MEB). 2. While she received orders for three of her TDY’s related to her MEB processing, she traveled under the verbal orders of her commander to attend her last MEB appointment during the period 27 Mar 12 through 03 Apr 12, but has yet to receive TDY orders or travel reimbursement. As a result, she has incurred a debt to the government travel card. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served in the Air Force Reserve in the grade of master sergeant during the matter under review. According to travel orders provided by the applicant, on 18 Mar 11, she was ordered to travel to Wright Patterson Air Force Base (AFB), OH on 23 Mar 11 for approximately three days to participate in a physical evaluation board (PEB). According to travel orders provided by the applicant, on 02 Nov 11, she was ordered to travel to Lackland AFB, TX on 31 Oct 11 for approximately nine days to undergo a formal Physical Evaluation Board (PEB). According to a paid travel voucher summary provided by the applicant, she was ordered to travel to Wright Patterson AFB, OH on 23 Jan 12 for a period of three days. According to the applicant’s Citibank government card statement, lodging statement, and airline ticket she traveled to Lackland AFB, TX from 27 Mar 12 to 03 Apr 12. According to the applicant’s point credit accounting report summary (PCARS), she was not credited with any active service during the periods described above. Title 10, United States Code, Section 12301 (h) (10 USC 12301(h)) provides authority to order a member of the reserve forces to active duty to receive authorized medical care or to be medically evaluated for disability or other purposes. A member ordered to active duty under this authority may, with the member’s consent, be retained on active duty for medical treatment for a condition associated with the evaluation. On 02 Apr 12, officials with the Office of the Secretary of the Air Force (SAF) determined the applicant was physically unfit for continued military service and directed she be discharged for physical disability with entitlement to severance pay. However, since the applicant was eligible for reserve retirement, she elected transfer to the retired reserve to await retired pay at age 60 in lieu of a discharge with severance pay. The applicant was transferred to the retired reserve on 27 Jun 12 in the grade of master sergeant (E-7). ________________________________________________________________ AIR FORCE EVALUATION: AFRC/A1K recommends denial. In accordance with Air Force Instruction 65-114, Travel-Policy and Procedures for Financial Services Offices and Finance Offices-Reserve Component, reserve component (RC) members not already on active duty military orders may be placed on Invitational Travel Orders (ITO) when directed by appropriate military medical authority to receive military/dental care at military treatment facilities for the purpose of medical/dental appointments. ITOs are designed to reimburse a member for travel and per diem only, not to reimburse a member for military pay. The Command is unable to determine the basis for the member to receive military pay for the purported travel performed to attend medical appointments. A complete copy of the AFRC/A1K evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: She has been given poor, bad, and misleading information throughout the entire medical evaluation process. She disputes the fact that she was attending routine dental or medical appointments, but traveling to medical appointments for a MEB. As a result, she was issued TDY travel orders versus an ITO. Therefore, she is entitled to military pay and per diem during all of her MEB and PEB evaluations. The applicant’s complete response, with attachments, is at Exhibit E. ________________________________________________________________ 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. The applicant contends that she should have received military pay and allowances, as well as travel and per diem, while attending four evaluations associated with her processing through the disability evaluation system (DES). After a thorough review of the evidence of record and the applicant’s complete submission, we agree. We note the comments of AFRC/A1K indicating that Invitational Travel Orders were appropriate for the applicant’s routine medical/dental care; however, the evidence before us indicates the applicant was not receiving routine medical care, but was in fact being processed through the DES to determine whether or not her service-connected disabilities rendered her unfit for continued military service. Therefore, in view of the fact that Title 10, United States Code, Section 12301 (h) provides authority to order a member of the reserve forces to active duty to be medically evaluated for disability or other purposes, and the evidence of record indicates the applicant was being processed through the DES, we are convinced the applicant should have been ordered to active duty and sent to the noted evaluations in a temporary duty (TDY) status. 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 show that during the following periods, she was ordered to active duty in accordance with Title 10 USC § 12301 (h) from her home of record and ordered to perform temporary duty (TDY) to the locations indicated for the purpose of disability evaluation system (DES) processing: (a) On 23 Mar 11, through 26 Mar 11 to Wright-Patterson Air Force Base, Ohio. (b) On 31 Oct 11, through 04 Nov 11 to Lackland Air Force Base, Texas. (c) On 23 Jan 12, through 25 Jan 12 to Wright-Patterson Air Force Base, Ohio. (d) On 27 Mar 12, through 03 Apr 12, to Lackland Air Force Base, Texas. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-03231 in Executive Session on 02 Apr 13, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Jul 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFRC/A1K, dated 05 Dec 12. Exhibit D. Letter, SAF/MRBR, dated 14 Dec 12. Exhibit E. Letter, Applicant, dated 29 Dec 12. Panel Chair