RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04433 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His effective date of retirement/Mandatory Separation Date (MSD) be changed from 31 Oct 11 to 31 May 12. Additionally, he requests relief of debts, and receipt of entitlements, associated with the proposed change of his effective date of retirement. APPLICANT CONTENDS THAT: He should have been retired on 31 May 12, not 31 Oct 11, because he was on medical hold due to a Line of Duty (LOD) determination. For unknown reasons, an extension of his retirement/MSD was not requested (because of the medical hold). As a result, while on medical hold, he lost opportunities to participate in drill and annual tours, which would have entitled him to pay/points. Also, the earlier retirement date resulted in a debt for a language proficiency bonus. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 1 Mar 98, the applicant was appointed to the Air Force Reserve in the grade of captain (O-3). On 4 Jun 11, Reserve Order EK-4494 assigned the applicant to the Retired Reserve Section, and placed the applicant on the Retired Reserve List effective 31 Oct 11, equal to his MSD. On 4 Jan 12, Reserve Order EK-1734 rescinded Order EK-4494, thereby removing the applicant’s assignment to the Retired Reserve List on 31 Oct 11. On 31 May 12, Reserve Order EK-4341 directed the applicant be placed on the Reserve Retired List, eligible for retired pay except for attainment of eligibility age, effective 31 Oct 11 (same as the original order, EK-4494.) The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPTS recommends denial, indicating there is no evidence of an error or injustice. This recommendation is based purely on the fact AFPC/DPTS has no evidence HQ AFRC/SG made a determination, through the Secretary of the Air Force (SecAF), showing the applicant’s condition caused a medical hold for retention to complete a Medical Evaluation Board (MEB) Disability Evaluation System (DES) processing; therefore, the MSD was never extended. All of his pay and entitlements, to include, Foreign Language Proficiency Bonus, Tricare, drill pay, and incapacitation pay (INCAP), should have ended on his MSD of 3l Oct l1. It is presumed all previous actions are valid without an AFRC recommendation. However, if the Board disagrees with our recommendation, the applicant’s effective date of retirement should be adjusted from 31 Oct 11 to 31 May 12. A complete copy of the AFPC/DPTS evaluation is at Exhibit C. AFRC/A1K recommends granting relief, indicating there is evidence of an error or injustice. The applicant has provided sufficient evidence indicating he was indeed in a medical hold status and his retirement date should be changed from 31 Oct 11 to 31 May 12. Although the SecAF was not afforded the opportunity to make a determination in his MSD/retirement extension request, a medical hold to defer his retirement is supported by Reserve Order (RO EK- 1724, 4 Jan 12), AFRC/A1KK e-mail, 5 Apr 12, and AFRC/SGP e-mail, 6 Apr 12. Also, it is recommended the applicant be relieved of debt and receive entitlements associated with the change of his MSD. With regards to INCAP, AFRCI 36-3004, Incapacitation Pay and Management of Reservist Continued on Active Duty, requires the applicant to submit an INCAP application through the BCMR before his INCAP entitlement can be determined. It is recommended to make the following corrections to the applicant’s record: a. On 31 Oct 11, he was not retired at a MSD of 31 Oct 11, but continued to serve as a member of the Air Force Reserve until his retirement of 31 May 12. b. He was awarded 28 paid Inactive Duty Training (IDT) and 9 membership points for the retention/retirement (R/R) year of 31 Oct 11 through 31 Oct 12. c. He is relieved of debt calculated for Foreign Language Proficiency Pay (FLPP) bonus for 1 Jan 12 through 30 May 12. A complete copy of the AFRC/A1K evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 24 Jun 15 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office. ADDITIONAL AIR FORCE EVALUATION: SAF/MRBP recommends granting relief to extend the applicant’s MSD. Upon review of the applicant’s service records, supporting documents, and advisories from ARPC/DPTS and AFRC/A1K, this advisor agrees with the AFRC/A1K advisory opinion. It is recommended the MSD, and effective date of retirement, be changed from 31 Oct 11 to 31 May 12, due to the medical hold for an LOD determination. A complete copy of the AFRC/A1K evaluation is at Exhibit F. APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION: The applicant acknowledged receipt of the additional Air Force advisory and will not submit rebuttal comments. (Exhibit H) 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 injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error or injustice. We note ARPC/DPTS recommends denial, without further substantiating evidence and recommendation from AFRC. However, we agree with the opinion and recommendation of AFRC/A1K and the Personnel Council (SAF/MRBP), and adopt their rationale as the basis for our conclusion the applicant has been the victim of an error of injustice. Specifically, there is sufficient evidence, as supported by AFRC, and substantiated by SAF/MRBP, that the applicant was on medical hold and any subsequent administrative errors in identifying or establishing an MSD extension were of no fault of the applicant’s and beyond his control. Aside, we note, A1K recommends the applicant be credited with 28 paid Inactive Duty Training (IDT) and 9 membership points for the Retention/Retirement (R/R) year of 31 Oct 11 through 31 Oct 12; however, in our view, since the recommended MSD is 31 May 12, the applicant should be credited with a partial year of satisfactory service and be awarded 21 paid Inactive Duty Training and 9 membership points IAW DoDI 1215.07, Service Credit for Non- Regular Retirement. This we believe will provide the applicant with full and fitting relief. Accordingly, 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: a. On 30 October 2011, he requested a waiver of his Mandatory Separation Date and his request was approved by competent authority pursuant to Title 10, United States Code (USC), § 14702, thereby establishing a new Mandatory Separation Date of 31 May 2012. b. He was awarded 21 paid Inactive Duty Training and 9 membership points for the Retention/Retirement Year from 31 October 2011 to 31 May 2012; resulting in 30 total points; and, that the period 31 October 2011 to 31 May 2012 is a partial year of satisfactory Federal service. c. On 31 May 2012, he was relieved from his current assignment and assigned to the Retired Reserve List, eligible for retired pay at age 60 under the provisions of Title 10, USC, § 12731. d. His election of the Reserve Component Survivor Benefit Plan option will be corrected in accordance with his expressed preferences and/or as otherwise provided for by law or the Code of Federal Regulations. The following members of the Board considered AFBCMR Docket Number BC-2014-04433 in Executive Session on 23 Sep 15 and 17 Mar 16 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-04433 was considered: Exhibit A. DD Form 149, dated 28 Oct 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPTS, dated 6 May 15. Exhibit D. Memorandum, AFRC/A1K, dated 18 Jun 15. Exhibit E. Letter, SAF/MRBR, dated 24 Jun 15. Exhibit F. Memorandum, SAF/MRBPC, dated 2 Mar 16. Exhibit G. Letter, SAF/MRBR, dated 2 Mar 16. Exhibit H. Letter, Applicant, dated 7 Mar 16.