RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2020-01166

XXXXXXXXXXX	COUNSEL:  NONE

	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

His records be corrected to reflect he received satisfactory service for retirement for the period 8 February 2011 through 7 February 2013.

APPLICANT’S CONTENTIONS

On 6 November 2011, he was seriously injured in an automobile accident and was unable to work or participate in drills due to his hospitalization and rehabilitation.  In 2012, he missed receiving a good year by one point and five points in 2013.  He completed six years of active service in the United States Navy (USN), which four years of service is not reflected in his ANG/USAFR Point Credit Summary.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air National Guard (ANG) staff sergeant (E-5).

According to documentation provided by the applicant, he was in a motor vehicle accident on 6 November 2011. A line of duty determination (LOD) was initiated and the accident was found to be in the LOD on 18 November 2011.  He requested Incapacitation Pay from 31 March 2012 to 6 May 2012.  The documentation further reflects the applicant requested an extension for Incapacitation Pay.

According to the ANG/USAFR Point Credit Summary Surf, he received 49 points for the period 8 February 2011 thru 7 February 2012 and 45 points for the period 8 February 2012 thru 7 February 2013.

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

AIR FORCE EVALUATION

NGB/A1PP, recommends denying the application.  Based on the documentation provided and an analysis of the facts there is no evidence of an error or an injustice.

Service members who qualify for incapacitation pay who are unable to perform military duties (unable to meet retention or mobility standards in accordance with AFI 48-123, Medical Examinations and Standards), as determined by a military medical authority and the member’s immediate commander, due to an injury, illness or disease incurred or aggravated in the line of duty, is entitled to full pay and allowances (including all incentives and special pays to which entitled, if otherwise eligible) less any civilian earned income.  Furthermore, service members who receive incapacitation pay shall not be allowed to attend Inactive Duty Training (IDT) periods or to acquire retirement points for performing IDTs while receiving incapacitation pay.  However, the service member may earn retirement points in order to satisfy the requirements for a qualifying year of service by completing correspondence courses approved by the Secretary of the Military Department concerned or the Commandant of the USCG.

Since the applicant was receiving incapacitation pay for the period in question, he was not entitled to retirement points for the period.  There was no evidence provided showing the applicant attended any correspondence courses during the period in question.  Furthermore, in order for the applicant to receive missing service credit he would need to request a points audit from ARPC to identify the reason his prior service points are missing.  In addition, the applicant may submit a High Year Tenure waiver through his unit to ANGRC requesting to remain on duty past his 60th birthday in order to receive satisfactory service credit for the two lost years.

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 30 June 2020 for comment (Exhibit D), but has received no response.

ADDITIONAL AIR FORCE EVALUATION

ARPC/DPTS, recommends denying the application.  Based on the documentation provided and an analysis of the facts there is no evidence of an error or an injustice.  The applicant did not provide adequate documentation to verify participation that meets the criteria to be awarded additional points or satisfactory years of service.  In order to make the requested corrections, ARPC/DPTS requires signed and certified orders to award the requested points from 8 February 2011 – 7 February 2013.  To correct active duty service from the Regular U.S. Navy, ARPC/DPTS requires a DD Form 214, Certificate of Release or Discharge From Active Duty, which shows the entire period of active duty service and the original DD Form 4, Enlistment/Reenlistment Document – Armed Forces of United States, which enlisted the applicant into the USN.  ARPC/DPTS recommends that the applicant be directed to the appropriate officials to issue medical continuation (MEDCON) orders for the time he is requesting points due to injury.  It is further recommended that the applicant retrieve his initial DD Form 4 and a corrected DD Form 214 from the Department of the Navy.

While, the applicant provided medical records to support his claim that his injury prevented him from attaining enough points for satisfactory years from 8 February 2011 – 7 February 2013. He did not provide proof that he was placed on MEDCON orders which would entitle him to both points and pay during the time that he was not participating.  Additionally, per AFMAN 36-2136, Reserve Personnel Participation, Chapter 2, paragraph 2.2, “Points may only be credited to the date a reservist actually performed the duty” (Atch 1).

The applicant’s DD Form 214 from the USN reflects active duty service from 7 March 1990 – 21 April 1992 (Atch 2).  He also supplied a NGB Form 23B, Army National Guard Retirement Points History Statement, which reflects that he was on active duty with the USN from 7 March 1990 – 21 April 1992 (Atch 3).  The applicant provided an NA Form 13038, Certification of Military Service, which reflects that he actively participated with the USN from 21 April 1986 – 21  April 1992 (Atch 4).  However, this document is not a valid source document to update points because it does not indicate the period of time the applicant was in the Delayed Entry Program (DEP) which is not credible for active duty points.  To update active duty points, ARPC/DPTS requires a DD Form 214 from the USN which reflects accurate active duty dates not including non-participating time such as DEP.  Currently, PCARS does accurately reflect the information provided in the DD Form 214 provided by the applicant. 

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 31 August 2020 for comment (Exhibit F), 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 NG/A1PP and ARPC/DPTS and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  There was no evidence showing the applicant participated or met the criteria to be awarded additional points or satisfactory years of service for retirement during the contested period.  Furthermore, the Board concurs with ARPC/DPTS that the applicant contact the appropriate office to obtain Medical Continuation orders for the time he is requesting points consideration for medical continuation (MEDCON) orders for the period the applicant is requesting points due to injury.  Additionally, it is further recommended he request his initial DD Form 4 and a corrected DD Form 214 from the Department of the Navy.  Upon receipt of these documents, the Board is willing to reconsider his request.  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-2020-01166 in Executive Session on 12 August 2020 and 30 September 2020:

, Panel Chair 
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 7 Jan 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PP, w/atch, dated DD 7 May 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 30 Jun 20.
Exhibit E:	Advisory, ARPC/DPTS, w/atchs, dated 17 Aug 20.
Exhibit F:	Notification of advisory, SAF/MRBC to applicant, dated 31 Aug 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.