RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01227 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: He receive participation pay and retirement points for the period of 18 March 2008 through 01 January 2010. ________________________________________________________________ APPLICANT CONTENDS THAT: He was administratively prohibited from participating for pay and retirement points from 2008 to 2010 while he was undergoing a Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB). His time on medical hold was unnecessarily excessive and should not have delayed his retirement eligibility by 24 months. Additionally, he should have been placed on active duty status until the issue was resolved. The applicant did not submit any documents in support of his request. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: 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 letter prepared by the appropriate office of the Air Force at Exhibit D. ________________________________________________________________ AIR FORCE EVALUATION: AFRC/A1K recommends denial. A1K states the applicant’s categorization of no-pay, no-points and prohibition from participating was warranted due to his disqualifying medical condition. Reservist must meet the medical standards outlined in AFI 48-123, Medical Examinations and Standards, and applicable Reserve medical guidance to be considered medically qualified to participate in any pay or point gaining activity. Personnel with disqualifying condition(s) will not be allowed to participate for pay or points until the disqualifying condition has been removed or an approved waiver is received from AFRC/SG in accordance with (IAW) AFI 36-2254V1, Reserve Personnel Participation, para 1.6.3. AFRC/A1K defers to the authoritative source regarding the applicability for the applicant to have been placed on medical continuation orders. The complete AFRC/A1K evaluation is at Exhibit C. 1. AFRC/SG recommends partial approval pertaining to the applicant’s request for Inactive Duty Training (IDT) points for the Retention/Retirement (R/R) years noted. AFRC/SG states the applicant was first identified with a disqualifying medical condition in 2006. His fitness for duty case for the diagnosis of asthma was received on 6 September 2006. In March 2008 the case was referred to the Reserve Management Group (RMG), with a request for the rest of the case documents as it was still open. On 5 November 2008, the completed documents were sent for fast- track case review. This process was halted in March 2009 when the applicant filed a line of duty (LOD) determination. On 9 April 2009, the LOD was found existed prior to service, line of duty not applicable (EPTS-LOD not applicable), as medical documents clearly revealed a history of childhood asthma. On 3 December 2009, the applicant was granted a participation waiver pending completion of his fitness for duty determination. On 18 December 2009, the applicant was returned to duty, with a review due in September 2011. A final update of this case has not been received. 2. The applicant was disqualified in 2006, but continued to actively participate. A review of his point credit summary reveals he participated through 2008. It is unclear why no medical documentation was provided or why the case was not completed. He received only 15 membership points each year for his retention/retirement years of June 2008 through June 2009 and June 2009 through June 2010. His inability to participate resulted in two “bad years” in terms of achieving the minimum participation points. There are multiple lines of potential failure along the way in this case. It was incumbent on the applicant to provide civilian medical documentation; it was incumbent on his supervisor to provide a member utilization questionnaire; it was incumbent on the active duty military treatment facility (MTF) to provide a synopsis. Those documents were not received for an extended period of time. 3. The issue of participation is governed by AFI 36-2254 and was appropriately addressed by the AFRC/A1K in their review of this case. The applicant also made a request for active duty orders. In this case, he is not eligible for active duty orders. This case was not duty related and his medical condition was not found to be in line of duty. Therefore no eligibility for active duty orders or pay exists. 4. Although the applicant is not entitled to pay or orders for the period in which he was non-participatory, his case was incomplete much longer than appears necessary. Given that they cannot say where the system may have failed, they recommend the Board consider granting relief to the applicant with respect to non-paid Inactive Duty Training (IDT) points for the R/R years noted. This would give him the 50 non-paid IDT points required per year. Awarding the non-paid IDT points would eliminate the two bad years and allow him to count them toward his retirement. The complete AFRC/SG evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 23 August 2013 for review and comment within 30 days (Exhibit E). To date, a response has not been received. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice with respect to the applicants contention that he should have been on active duty orders during the time of his MEB/PEB. After thoroughly reviewing the evidence submitted, we are not persuaded he has suffered from an injustice. We note that the Air Force offices of primary responsibility state the applicant’s medical condition was not found to be in the line of duty; therefore no eligibility for active duty orders or pay exists. Based on the above comments, we agree with the OPRs’ assessment that the applicant has not been the victim of an error or injustice. Accordingly, this portion of the applicant’s request is not favorably considered. 4. Notwithstanding our decision above, sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After considering the totality of the evidence before us, we are persuaded that relief is warranted with respect to the applicant’s request for non-paid Inactive Duty Training (IDT) points for the period in question. In this regard, we note the AFRC/SG comments that there are multiple points of failure along the way and although the applicant is not entitled to pay and orders for the period, his case was incomplete much longer than appears necessary and they recommend granting relief. The AFRC/A1K recommendation is also noted; however, we are persuaded that the lengthy time it took to process the applicant’s MEB was unreasonable. Since the applicant was allowed membership points for the period in question and the MEB returned him to duty, we are of the opinion that the applicant should not be penalized because of his inability to fulfill training requirements due to circumstances beyond his control. Accordingly, his records should be corrected as indicated below. 5. 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 issue(s) 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: a. He was awarded an additional 35 non-paid inactive duty training points for retention/retirement year 6 June 2008 to 5 June 2009, resulting in 50 total points; and that the period 6 June 2008 to 5 June 2009, is a year of satisfactory Federal service. b. He was awarded an additional 35 non-paid inactive duty training points for retention/retirement year 6 June 2009 to 5 June 2010, resulting in 50 total points; and that the period 6 June 2009 to 5 June 2010, is a year of satisfactory Federal service. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 3 December 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in AFBCMR Docket Number BC-2013-01227: Exhibit A. DD Form 149, dated 1 March 2013. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, AFRC/A1K, dated 15 July 2013. Exhibit D. Letter, AFRC/SG, dated 2 August 2013. Exhibit E. Letter, SAF/MRBR, dated 23 August 2013. 1 2