RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01660

XXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING REQUESTED: YES  

APPLICANT’S REQUEST

1.   She be permitted to perform annual tour (AT) and inactive duty training (IDT) for the time she was in a no pay-no points status from 16 Jul 16 to 31 Oct 18.    

2.   She be awarded sufficient participation points for the period 16 Jul 16 to 31 Oct 18 for satisfactory service.

APPLICANT’S CONTENTIONS

She was in a no pay-no points status from 16 Jul 16 to 31 Oct 18 due to her medical profile not being processed in a timely manner, due to no fault of her own.  As a result, her records reflect two bad years of service.  If her participation request was approved, she would have completed her AT and IDT.  Her high year tenure (HYT) is 1 Mar 22.  

She submitted an inspector general (IG) complaint.  The investigation revealed her Reserve Medical Unit (RMU) did not have an effective process in place to route medical records for action.  There was also a backlog of over 1,500 cases pending review at the Air Force Reserve Center (AFRC), which contributed to the delay in processing her case.  The new AF/RE policy allows members to resume participation while their cases are being processed.  Once her participation was resumed in 2018, she was not afforded the ability to earn her missed military pay, participation points and thrift savings plan (TSP) contributions.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 28 Apr 09, ARPC/DPRR informed the applicant she completed the required years of service under the provisions of 10 U.S.C. § 12731 and would be entitled to retired pay upon age 60 (20-year letter).  

On 22 Jul 16, a participation waiver was requested for the applicant.  It stated she had been on and off profiles for over five years due to orthopedic issues, to include right shoulder, right knee and right ankle. On 24 May 16, the RMU Deployment Availability Working Group (DAWG) determined she would undergo a medical evaluation board (MEB).  On 6 Jul 16, the applicant provided the clinic with a letter dated 6 Jul 16 stating she was temporarily restricted from running and could slowly transition to walking at her pace.  It was requested she be granted a participation waiver while she was undergoing the MEB.  

On 1 Aug 16, the AFRC/SGO denied the applicant’s participation waiver.  

The applicant provides AF Form 102, Inspector General Personal and Fraud, Waste and Abuse Complaint Registration, dated 26 Apr 18.  The applicant alleged her assignment availability code (AAC) 37 in 2016 for pending MEB, the non-participation for pay and points and the extended delay in processing her case resulted in damage to her military standing and career.  She was unable to perform any unit training assembly (UTA) drill weekends since 2016 for the first time in her 29 year career due to no fault of her own.  As a result, she will have two bad years as she is approaching retirement.  She requested the IG conduct a fact finding investigation and provide a response regarding the untimely processing and the excessive delays. 

In a memorandum dated 7 May 19, the applicant’s wing commander (WG/CC) responded to her IG complaint.  The investigation determined the applicant’s code 37 and non-participation status were appropriate under the circumstances at the time.  The investigation revealed the RMU did not have an effective process in place to receive, analyze and efficiently route medical records to the appropriate authority for action.  The investigation also determined that a significant backlog of cases at AFRC (over 1,500) caused a delay in the processing of her case.  To compound the situation, the delays resulted in the applicant having to continually submit updated medical documentation because the previously submitted documentation became outdated.  The applicant’s participation waiver was approved in Dec 18.  The issues she raised were being addressed by the RMU with oversight by the WG/CC’s office.  

The applicant provides her point credit accounting reporting system (PCARS) record dated 12 Mar 21, showing insufficient points awarded for satisfactory years of service for her retention/retirement (R/R) years for 6 Feb 17 to 5 Feb 19.  

The military personnel data system (MilPDS) shows the applicant’s HYT is 1 Mar 22.

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

APPLICABLE AUTHORITY/GUIDANCE

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.  

On 8 Feb 19, AF/RE published a policy memorandum that directed immediate implementation of
a mandatory change to Air Force Instruction 36-2254 Volume I.  The memorandum removed the guidance that required a member with a duty limiting condition to immediately be placed in a no-pay, no-points status, but instead placed the decision at the discretion of the unit commander.

AFMAN 36-2136, Reserve Participation, dated 6 Sept 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. 

1.7.3. 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 (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)

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 finds a preponderance of the evidence substantiates the applicant’s contentions in part.  On 22 Jul 16, a participation waiver was requested for the applicant and on 1 Aug 16, AFRC denied the participation waiver pending a MEB review, which was in accordance with established procedures.  However, due to administrative delays at her RMU and AFRC, her case was not reviewed in a timely manner.  Subsequently, in Dec 18, her participation waiver was approved.  Given a participation waiver was requested on 22 Jul 16 and the waiver approved in Dec 18, the Board finds the applicant’s status in a no pay-no points status for over two years resulted in an injustice to the applicant.  Moreover, the applicant’s PCARS record shows her consistent participation throughout her career as further evidence the applicant would have participated had she not been denied participation.  Accordingly, the Board recommends the applicant be awarded sufficient non-paid points for satisfactory service for her R/R years 6 Feb 17 to 5 Feb 19.  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.  Accordingly, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

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

a. She was awarded an additional 35 non-paid Inactive Duty Training (IDT) points for retention/retirement (R/R) year 6 Feb 17 to 5 Feb 18, and this period is a year of satisfactory federal service.

	b. She was awarded an additional 15 non-paid IDT points for R/R year 6 Feb 18 to 5 Feb 19, and this period is a year of satisfactory federal service.

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-2021-01660 in Executive Session on 17 Feb 22:

 , 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 30 Apr 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.

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.