RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01604

XXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

She be processed through a Medical Evaluation Board (MEB).

APPLICANT’S CONTENTIONS

She separated from the Air National Guard (ANG) for transfer to the Air Force Reserve (AFRES).  She was medically cleared to join the AFRES on 25 Jan 18, but after swearing in on 26 Feb 18, a medical condition was found that needed to be reviewed and she was put in a hold status unable to drill.  On 24 Sep 18 she was notified the AFRES found her medically disqualified and that she would be returned to her ANG unit.  The Air Reserve Personnel Center (ARPC) canceled the transfer on 3 Sep 19 because the ANG unit would not endorse the transfer.  After many attempts of requesting her status and for MEB processing, she found out on 3 Feb 20 that she had been separated effective at the end of her last known enlistment without processing through an MEB.  She had 17 good years when all this began and upon her separation she would have only been one year short of reaching a full retirement. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force technical sergeant (E-6).

On 16 Jan 18, according to AF Form 418, Selective Reenlistment Program (SRP) Consideration for Airmen, the applicant extended her enlistment in the ANG for 6 months due to transfer to the AFRES and indicated she had passed her Fit test.

On 25 Jan 18, according to a memorandum from AFRC/SGOZ, provided by the applicant, the applicant was medically qualified for assignment to the AFRES for Palace Chase/Front/Inter-Service Transfer. 

On 26 Feb 18, according to DD Form 4, Enlistment/Reenlistment Document, provided by the applicant, the applicant enlisted in the AFRES for 6 years.

On 16 Jun 18, according to Special Order P-003322, dated 23 Jan 20, the applicant was honorably discharged from the ANG and as a member of the AFRES under authority AFI 36-3209, Separation and Retirement Procedures for ANG and AFRES Members, paragraph 3.12.1., expiration of enlistment.  The applicant’s NGB Form 22, Report of Separation and Record of Service, also dated 23 Jan 20, indicates she was credited with 17 years total service for retired pay.

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

AIR FORCE EVALUATION

BCMR Medical Advisor recommends granting the application to reflect the applicant was not discharged, but that she was found medically disqualified for non-duty related medical conditions and that she was retired under Title 10, United States Code (U.S.C.), Section 12731b, having achieved at least 15, but less than 20 years of satisfactory service.

Palace Chase transfer approvals from an originating Service component, followed by disapproval by the receiving Service component, both with an implicit awareness of the same medical conditions of concern, is the subject for attention and corrective measures at the Service component Surgeon General (SG) levels. It is implicit that there was inconsistent initial application of Service medical standards, between the applicant’s ANG unit and the AFRES. Although qualified to apply for transfer, likely based upon her demonstrated ability to perform her assigned drill duties and the temporary profile restrictions imposed, there was greater scrutiny upon the applicant’s diagnoses by the receiving Service component; resulting in her disqualification. The cause of such inconsistency likely falls under lack of awareness or usage of the Medical Standards Guide by healthcare providers across the Service components; or the difficult balance between meeting the desires of the service member to “keep ‘em flying,” with stern application of the medical standards for retention, in reaching such decisions.  The applicant had achieved sufficient years of satisfactory service to qualify for medical retirement under Title 10, U.S.C., Section 12731b, due to her disqualifying medical condition(s).

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the Air Force evaluation to the applicant on 28 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 the victim of an error or injustice.  The Board concurs with the rationale and recommendation of the BCMR Medical Advisor and finds a preponderance of the evidence substantiates the applicant’s contentions.  Specifically, although the applicant’s medical conditions did not warrant a MEB as they were non-duty related, she had achieved at least 15 satisfactory years for retirement under Title 10, U.S.C., Section 12731b.  However, for the remainder of the applicant’s request, the evidence presented did not demonstrate an error or injustice, and the Board therefore finds no basis to recommend granting that portion of the applicant’s request.  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 the APPLICANT be corrected to show:

a.	On 16 Jun 18, she was not medically cleared for separation, but she was medically disqualified for non-duty related medical conditions and that she was retired under Title 10, United States Code (U.S.C.), Section 12731b, having achieved at least 15, but less than 20 years of satisfactory service.

b.	Her election of the Survivor Benefit Plan option will be corrected in accordance with her expressed preferences and/or as otherwise provided for by law or the Code of Federal Regulations.

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2020-01604 in Executive Session on 22 Jan 21:

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 25 Feb 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, BCMR Medical Advisor, dated 22 Oct 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 28 Oct 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2020-01604, as required by AFI 36-2603, paragraph 4.11.9.