RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02957 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. His Medical Continuation (MEDCON) pay and entitlements be based on his residency in Alaska, rather than UTAH for the period 26 September 2010 through 20 June 2011. (Will be Administratively Corrected) 2. The wages he earned while in an official leave status be exempt from offset. 3. His records be corrected to reflect a points only military status from 11 August 2011 to 30 December 2011. APPLICANT CONTENDS THAT: In 2012, the Board corrected his record to show that he should have been continued on orders for the period 11 September 2010 through 20 June 2011, due to the shoulder injury he incurred while he was on a temporary duty assignment in Alaska. He has been working with the Defense Finance and Accounting Service (DFAS) regarding his pay; however they did not want to calculate his back pay based on the location he was living in. Instead, they calculated his back pay based on his previous set of orders [Utah]. In addition, as a civil service employee, he is allowed to perform military duty while in a leave status from his civilian job. Therefore, the wages included in the offset should be the days he was not in a leave status from his civil service position. When he initially spoke to the Board staff in 2012, he was told that he would be entitled to the difference between his military and civilian pay. He was also informed that he should provide DFAS proof of his civilian earnings, which he did. In support of his requests, the applicant provides a personal statement, copies of his LOD determinations, AF Form 422, Notification of Air Force Member's Qualification Status; PCS orders, and various other documents related to his appeal. The applicant’s complete submission, with attachments, 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). According to Reserve Order D45RJE dated 29 July 2010, the applicant was ordered to Active Duty [from Utah to Alaska] for “Special Work,” for the period 30 June 2010 to 5 September 2010. An amendment was published to extend the end date to 10 September 2010. DD Form 1614, Request/Authorization for DoD Civilian Permanent Duty or Temporary Changed of Station (PCS) Travel, dated 24 August 2010, authorized travel for the applicant and his dependents from Utah to Alaska, with a reporting date on or about 26 September 2010. According to Reserve Order A-108 dated 20 September 2010, the applicant was relieved from his assignment in Utah and assigned to Alaska effective 26 September 2010. On 19 November 2015, a copy of this order was provided to DFAS. After reviewing the order, DFAS indicated they would administratively correct the applicant’s record to reflect that his pay and entitlements for this period was based on his residency in Alaska, rather than UTAH. AF Form 938, Request and Authorization for Active Duty Training/Active Duty Tour, dated 16 June 2011, ordered the applicant to “Medical Hold” from 21 June 2011 to 19 August 2011, for “hospitalization.” According to AFRC IMT 348, Informal Line of Duty Determination, dated 21 November 2011, the applicant was initially treated for a dislocated shoulder in Alaska, which was found In the Line of Duty (ILOD) on 2 September 2010. Due to the applicant’s scheduled return to his home station on 3 September 2010 to prepare for his PCS to Alaska, the emergency room staff advised the applicant to follow-up at his home station in Utah. According to AF IMT 348 dated 16 February 2012, the applicant’s pulmonary embolism, which resulted from his surgery on 21 June 2011, was found ILOD. According to AF Form 422, Notification of Air Force Member’s Qualification Status, dated 8 September 2011, the applicant’s temporary fitness exemptions expired on 30 December 2011. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit D. AIR FORCE EVALUATION: DFAS-IN states that based on the Department of Defense Financial Management Regulation, all pay and allowances due are based on the applicant’s entitlements paid on the last day of duty prior to reinstatement. DFAS agrees with the general statement that the money the applicant earned while in a leave status is not subject to offset. This statement is in compliance with the Office of Personnel Management rule that provides a member may continue to choose annual leave or other applicable paid leave or other paid time off, as appropriate, during a period of active duty. However, in order to properly adjudicate the applicant’s leave issue, DFAS requires the applicant to provide copies of his leave use during the period in question. A complete copy of the DFAS-IN evaluation is at Exhibit C. AFRC/A1K recommends the applicant be paid at the Basic Allowance for Housing (BAH) rate for the UTAH location from 11 through 25 September 2010, and the BAH and COLA rate for Alaska from 26 September 2010 to 20 June 2011. Notwithstanding the above, AFRC/A1K does not recommend the applicant be awarded additional points for the period 11 August 2011 through 30 December 2011. According to the applicant’s AF Form 422 and email traffic from RSG/SGPA and RSG/A1 dated 13 September 2011 and 12 September 2011, the applicant was not placed into the Disability Evaluation System for worldwide duty determination nor was he placed on any participation/duty restrictions that prevented him from performing reserve duty such as Inactive Duty Training or Annual Tour. To grant relief of military duty status (points only) from 11 August 2011 through 30 December 2011 would be contrary to the criteria established by AFI 10-203, Duty Limiting Condition and AFI 36-2254V1, Reserve Personnel Participation. A complete copy of the AFRC/A1K evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: DFAS states that in order to properly adjudicate the offset of his leave, they require him to provide copies of his leave usage during the period in question. However, he has made numerous unsuccessful attempts to resolve this issue shortly after the Board corrected his records in 2012. He disagrees with AFRC/A1K’s recommendation to deny him points for the period 11 August 2011 through 30 December 2011. He has the approved LOD determination for pulmonary embolism and should have been maintained in an active status. However the group commander forced the squadron commander to remove him from the orders that he was placed on for the surgery. This was an administrative oversight and his record was not managed properly. 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 an error or injustice. After thoroughly reviewing the evidence of record and the applicant’s complete submission, we find no evidence which would persuade us that his records should be corrected to reflect a points only military status from 11 August 2011 to 30 December 2011. While the applicant’s LOD determination for pulmonary embolism is noted, he has not provided substantial evidence to show that he had a disqualifying medical condition that prevented him from performing his reserve duties as described in AFI 36-2254V1. As such, we believe awarding points for this period without sufficient evidence would be unfair to others similarly situated and establish a basis for circumventing the procedures in place. Accordingly, we agree with the opinion and recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our conclusion that the applicant has failed to sustain his burden of establishing that he has suffered either an error or an injustice. With respect to the applicant’s request that the wages he earned while in an official leave status be exempt from offset, as noted by DFAS, in order to properly adjudicate the applicant’s leave issue, he should provide copies of his leave use during the period in question to DFAS. Therefore, aside from the administrative corrections to change the rates for his MEDCON pay, we find no basis to recommend granting the additional relief sought in this application. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. The following members of the Board considered AFBCMR Docket Number BC-2014-02957 in Executive Session on 3 December 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 30 June 2014, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, DFAS-IN, undated. Exhibit D. Memorandum, AFRC/A1K, dated 2 November 2015. Exhibit E. Letter, SAF/MRBR, dated 3 November 2015. Exhibit E. Email, Applicant, dated 3 November 2015, w/atchs.