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AF | BCMR | CY2000 | 9900344
Original file (9900344.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00344

            COUNSEL:

            HEARING DESIRED:  YES



APPLICANT REQUESTS THAT:

He be reinstated in an Active Guard/Reserve (AGR)  position  retroactive  to
24 July 1998, with back pay and allowances, and processed  through  the  Air
Force Disability Evaluation System (DES).


APPLICANT CONTENDS THAT:

While serving in an AGR position, he developed  a  ratable  disability  that
should have resulted in his command entering him into the DES; however,  his
command failed to do so.

The applicant’s counsel states that rather than processing him  through  the
DES, his command used his condition as justification to remove him from  his
AGR position and conducted a Medical Evaluation Board as  if  the  applicant
were a part-time guardsman.

The applicant’s complete submission is attached at Exhibit A.


STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letter  prepared  by  the
appropriate office of the Air Force.   Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.



AIR FORCE EVALUATIONS

The Chief, Personnel Operations Branch, ANG/DPPU, reviewed  the  application
and states that the LOD determined the  injury/illness  had  occurred  while
the applicant was on active duty, thereby  entitling  him  to  be  processed
through the active duty process.  However, the fact that the  injury/illness
occurred while on active duty does not require the member to  be  reinstated
in the AGR Program.  The LOD form should be  taken  to  the  nearest  active
duty treatment facility so that a new Medical Evaluation Board (MEB) can  be
completed and forwarded to AFPC/DPPD for a determination as to  compensation
and/or benefits.  AFPC will appropriately compensate the applicant  for  any
duty-related injury/illness.

A complete copy of the Air Force evaluation is attached at Exhibit C.

The Chief Medical Consultant, AFBCMR, reviewed the  application  and  states
that orders should be cut placing the applicant on active duty (AGR)  status
for the purpose of accomplishing an MEB  with  disposition  in  the  DES  as
would occur with any  other  active  member  who  develops  a  disqualifying
condition during such service.  Reimbursement of back pay and allowances  to
the date of removal from AGR status on  24  July  1998  should  be  strongly
considered to correct this obvious injustice.

A complete copy of the Air Force evaluation is attached at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

The applicant’s counsel reviewed the Air Force evaluations and concurs  with
the recommendations of the AFBCMR Medical Consultant.

Counsel’s complete responses are attached at Exhibits G and H.



THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was timely filed.

3.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  In  this  respect,  we  note  the
applicant was placed in a non-flying status in June 1996 upon  suffering  an
anxiety disorder.  During  the  two-year  period  from  1996  to  1998,  the
applicant was maintained in  an  AGR  status  while  undergoing  psychiatric
counseling and treatment.  While still in an AGR status, on 3 June 1998,  an
MEB was directed to determine the  applicant’s  retainability  in  the  ANG.
However, it was not conducted until after  he  had  been  removed  from  AGR
status and returned to  part-time  Guardsman  status.   The  AFBCMR  Medical
Consultant states that orders should be cut placing  the  applicant  on  AGR
status for the purpose of accomplishing an MEB with disposition in  the  DES
and reimbursement of back pay and allowances to the  date  of  removal  from
AGR status.  In view  of  this  and  given  the  obvious  injustice  to  the
applicant, we believe the interest of equity and justice can best be  served
by placing the  applicant  applicant  on  AGR  status  for  the  purpose  of
accomplishing an MEB with disposition in the Disability  Evaluation  System.
Therefore, we recommend his records be corrected  to  the  extent  indicated
below.


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that he was not  released  from  extended
active duty and transferred to the New Jersey Air National Guard on 24  July
1998, but was continued in an extended active duty  status  in  the  Reserve
grade of major.

It is further recommended  that  he  be  evaluated  through  the  Disability
Evaluation  System  as  soon  as  possible  to  determine  his  fitness  for
continuation on extended active duty.


The following members of the Board considered this application in  Executive
Session on 5 July 2000, under the provisions of AFI 36 -2603:

                  Mrs. Barbara A. Westgate, Panel Chair
                  Mr. Michael V. Barbino, Member
                  Mr. Roger E. Willmeth, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 2 Feb 99, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, ANG/DPPU, dated 8 Nov 99, w/atchs.
      Exhibit D.  Letter, SAF/MIBR, dated 14 Feb 00.
      Exhibit E.  Letter, BCMR Medical Consultant, dated 12 Apr 00.
      Exhibit F.  Letter, AFBCMR, dated 24 Apr 00.
      Exhibit G.  Letter, Counsel, dated 26 Apr 00.
      Exhibit H.  Letter, Counsel, dated 17 Jun 00.




             BARBARA A. WESTGATE
                                  Panel Chair

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