RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-05137

XXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be credited with Reserve satisfactory service for his retirement/retention (R/R) years from 2014 to 2019.  

APPLICANT’S CONTENTIONS

Due to a Line of Duty (LOD) medical issue he was wrongfully placed in a “No Pay, No Points” status from 2014 to 2019.   The medical provider who placed him in this status should not of had the authority and the policy has recently changed.  Now medical providers can only make a recommendation and participation is at the discretion of the commander.  

Furthermore, he has e-mail traffic from the medical provider who states that “he was working on a Participation for Duty Waiver" so he could still attend drill and complete his annual training (AT).  However, this was never accomplished and the medical clinic sat on all of his completed medical paperwork for several years before sending to the Air Force Reserve Command (AFRC) Surgeon General (SG) for a final determination.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Reserve Technician (ART) master sergeant (E-7).   

According to the applicant’s ANG/USAFR Point Credit Summary Inquiry (PCARS), the applicant was credited with the following Active Duty (AD), Inactive Duty for Training (IDT), membership (MBR), and retirement points from 2014 to 2019:

R/R Year	AD	IDT	MBR	Retirement	Satisfactory Service (Year)	
6 Dec 14 - 5 Dec 15	0	0	15	15	000000	
6 Dec 15 - 5 Dec 16	0	1	15	16	000000	
6 Dec 16 - 5 Dec 17	0	4	15	19	000000	
6 Dec 17 - 5 Dec 18	0	2	15	17	000000	
6 Dec 18 - 5 Dec 19	0	0	15	15	000000	

According to the applicant’s Single Uniform Request Format (SURF), he has a duty status code of 14.  As noted in AFMAN 36-2136, Reserve Participation, dated 6 Sep 19, Air Force members who are on medical restriction are given this code.  

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

APPLICABLE AUTHORITY

AFI 48-123, Medical Examinations and Standards, dated 5 Nov 13, Chapter 10, Examination and Certification of ARC Members not on AD:

10.1. Purpose. Establishes procedures for accomplishing, reviewing, certifying, and administratively processing medical examinations for ARC members not on EAD who are assigned to the Ready Reserve and Standby Reserve. IAW AFI 36-2254 Vol I, any USAFR member profiled with a duty limiting condition code 37 may not perform military duty for pay or points, unless issued a participation waiver by the AFRC/SGP or delegated authority

10.13.3. When a commander, supervisor, or medical personnel determines an ARC member’s medical condition is potentially unfit, he or she is evaluated by the servicing medical squadron and is excused from all military duties pending further medical disposition.

AFI 36-2254 V1, Reserve Personnel Participation, dated May 2010:   

1.6.1. All members must meet the medical standards in AFI 48-123, Volume I, and applicable Reserve medical guidance to be considered medically qualified to participate in any pay or point gaining active duty.

1.6.3. A member identified as having a potentially disqualifying condition in accordance with AFI 48-123…will not be allowed to participate in any pay or point gaining activity until the disqualifying condition has been removed or an approved waiver is received from AFRC/SG in accordance with AFI 48-123.  Any IDT which is missed due to this medical limitation will be considered excused.  Member will be excused from any type of military duty requirements until the profile has been finalized by AFRC/SGP or removed.  

AFMAN 36-2136, Reserve Participation, dated 6 Sep 19:

1.7.1. All reservists have to meet the medical standards in AFI 48-123 and the associated Medical Standards Directory (MSD) to be considered medically qualified to fully participate in the Air Force Reserve. (T-2) Note: Air Force Reserve commanders may initiate involuntary transfer to the Individual Ready Reserve for failing to meet medical standards. 

1.7.2. Reservists with any expired Individual Medical Readiness (IMR) requirement as defined in AFI 10-250 will not participate in any point-gaining activities other than a military medical/dental evaluation or examination consistent with DoDI 1215.06. (T-0) This also includes reservist’s failing to provide required medical records from private providers to facilitate a determination of the reservist’s fitness for duty. Exception: A detachment commander may authorize participation for other than medical/dental evaluation or examination if the expiration was caused by the availability of medical provider(s) rather than delinquency of the reservist. 

1.7.3. A member placed on a Duty (DR), Mobility (MR) or Fitness (FR) restrictions via an AF Form 469, Duty Limiting Condition Report, issued by any Air Reserve Component or active duty medical squadron may participate for pay and points within the restrictions outlined on the member’s AF From 469. The commander will carefully consider the member’s documented physical limitations, safety (to include travel to and from duty location) and mission requirements, and allow the member to participate within the restrictions outlined on the member’s AF Form 469. (T-2) Commanders choosing to restrict a member’s participation will formally notify them in writing. (T-2) A copy of the notification letter restricting the member from participation must be sent to the servicing FSS (Force Support Squadron) who will update the member’s Duty Status Code to 14 in Military Personnel Data System AFMAN36-2136 6 SEPTEMBER 2019 13 (MILPDS). (T-2) The Commander must formally notify the FSS in writing when a member’s previous restriction is removed or finalized. (T-2) Additionally, any Inactive Duty Training (IDT) which is missed due to medical limitations will be considered excused. (T-2) If the commander determines a member may safely perform any duties, a letter outlining these duties and restrictions must be presented to and acknowledged by the member. (T-2) When applicable, the Personnel Data System (PDS) will be updated to reflect the member as excused. See attachments 6 through 8 for sample memos. (T-2)

AIR FORCE EVALUATION

AFRC/SGO recommends denying the application.  Since 2014, the applicant has suffered from a medical condition that is potentially disqualifying for military service IAW AFI 48-123, Medical Exams and Standards.  As a result, the Reserve Medical Unit (RMU) followed the appropriate regulation, which at the time was AFI 36-2254V1, and communicated the “no pay no points” requirement via the issuance of an AF Form 469.  As such, the RMU did not place the applicant in a “no pay no points” status, the governing AFI issued by the Secretary of the Air Force did.  It wasn’t until 2019 that the policy was updated, AFI 36-2254V1 became AFI 36-2136 [sic], and the default became that members may participate.  As such AFR RMUs discontinued communicating the “no pay no points” rule via the AF Form 469.  

In reference to the waiver request, AFRC/SG has no such request on file.  However, on 13 Aug 18, AFRC/SGO did review an initial review in lieu of (I-RILO) for the applicant, found him to be medically disqualified, and deferred to the Disability Evaluation System (DES) and review by the Air Force Physical Evaluation Board (PEB).

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 6 Oct 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFRC/SGO and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board notes that AFI 36-2254V1 Reserve Personnel Participation, was the governing regulation from 2015 to 2019 and due to the applicant’s medical condition he was appropriately placed in a “no pay and no points” status.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-05137 in Executive Session on 14 Oct 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 5 Nov 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 28 Sep 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 6 Oct 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2019-05137, as required by AFI 36-2603, paragraph 4.11.9.