RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00873

XXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be credited with satisfactory service for his retirement/retention (R/R) years for 2012 and 2013.  

APPLICANT’S CONTENTIONS

In 2012, he was released from his deployment early due to a spinal cord injury.  Subsequently he underwent a Line of Duty (LOD) determination, met a Medical Evaluation Board (MEB), and was later returned to duty; however, the process took over two years to complete.  During that time, he was coded with a Duty Limiting Condition (DLC) code (AAC) 37 and was placed in a “No Pay, No Points” status from 2012 to 2013.  Because he lost two years of satisfactory service, he is unable to retire with 20 “good years” prior to reaching the age of 60.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Reserve lieutenant colonel (O-5).

On 18 May 11, AF Form 469, Duty Limiting Condition Report, provided by the applicant, indicates he was placed on duty and mobility restrictions and given a DLC code 37, which expired on 18 Nov 11.

On 28 Oct 11, a memorandum from the RMG/SG, provided by the applicant, indicates that he was identified with having Multiple Sclerosis and required processing through the Disability Evaluation System (DES).

On 30 Jun 14, a memorandum from AFRC/RMB, provided by the applicant, states that he was medically qualified for return to duty.  He was placed on an Assignment Limitation Code (ALC) C2 with the following restrictions:  “Reserve participation in unit training assemblies (UTA), annual tours (AT), and mandays within CONUS (including Hawaii and Alaska).  Member may be assigned to locations with fixed MTFs only; no duty assignments under field conditions.  Member should not occupy a mobility position.”

According to the applicant’s ANG/USAFR Point Credit Summary Inquiry (PCARS), he currently has 10 years of satisfactory service.  In addition, he was credited with the following Active Duty (AD), Inactive Duty for Training (IDT), Extension Course Institute (ECI), Membership (MBR), and Retirement points from 2010 to 2019:

R/R Year	AD	IDT	MBR	ECI	Retirement	Satisfactory Service (Year)	
4 Apr 10 - 3 Apr 11	201	23	15	0	239	010000	
4 Apr 11 - 3 Apr 12	74	0	15	0	89	010000	
**4 Apr 12 - 3 Apr 13	0	0	15	0	15	000000	
**4 Apr 13 - 3 Apr 14	0	0	15	0	15	000000	
4 Apr 14 - 3 Apr 15	7	22	15	0	44	000000	
4 Apr 15 - 3 Apr 16	13	26	15	0	54	010000	
4 Apr 16 - 3 Apr 17	0	0	0	3	18	000000	
4 Apr 17 - 3 Apr 18	0	0	15	0	15	000000	
4 Apr 18 - 3 Apr 19	0	0	15	20	35	000000	
**R/R years the applicant requests satisfactory service.

According to the applicant’s Single Uniform Request Format (SURF) printout, he currently has a duty status code of 00, “Present for Duty.” 

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.  Establishes procedures for accomplishing, reviewing, certifying, and administratively processing medical examinations for Air Reserve Component (ARC) members not on extended active duty who are assigned to the Ready Reserve and Standby Reserve.  In accordance with AFI 36-2254 Vol I, Reserve Personnel Participation, any Air Force Reserve 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
	
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.  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.

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.  

AIR FORCE EVALUATION

ARPC/DPTS, recommends denying the application.  The applicant supplied medical records, deployment information, and other personnel related documentation, but it does appear that after a medical diagnosis, the applicant was restricted from working for retirement points.  During the contested time period the applicant did not participate and in accordance with Air Force Manual 36-2136, chapter 2, paragraph 2.2, “…Points may only be credited to the date a reservist actually performed the duty…” 

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 12 Nov 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 the victim of an injustice.  While the Board notes the recommendation of ARPC/DPTS against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions.  Specifically, the Board notes that the delay in the processing his fit-for-duty determination was no fault of the applicant, but a result of the medical case backlog and the lengthy DES process.  Given that the applicant was ultimately found fit and returned to duty, the Board finds sufficient evidence to justify granting the applicant’s request to award an additional 35 non-paid inactive duty points for each of his requested   R/R years, which will result in satisfactory federal service. Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show:

	a. He was awarded an additional 35 non-paid Inactive Duty Training (IDT) points for Retirement/Retention (R/R) year 4 Apr 12 to 3 Apr 13, and this period is a year of satisfactory federal service.

	b. He was awarded an additional 35 non-paid IDT points for R/R year 4 Apr 13 to 3 Apr 14, and this period is a year of satisfactory federal service.

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-2020-00873 in Executive Session on 3 Dec 20:

, Panel Chair 
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 9 Dec 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, w/atch dated 10 Apr 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 12 Nov 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.