RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-01206
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Mandatory Separation Date (MSD) be extended to a date not to exceed 1
May 2002.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or unjust and
the evidence submitted in support of the appeal are 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 EVALUATION:
The Director of Personnel Program Management, ARPC/DPP, reviewed the
application and recommends, among other things, that the applicant’s MSD be
extended until such time that he is found fit for continuous military
service or until such time that a Medical Evaluation Board (MEB) or
Physical Evaluation Board (PEB) makes a final determination in his case,
not to exceed 1 May 2002.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
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 that
while on active duty for training, the applicant received medical treatment
(i.e., seven spinal taps) at Walter Reed Army Hospital. As a result of
these spinal taps, he now has severe back pain due to a nodule that
developed when the spinal taps were performed. This condition has been
determined to have occurred in the line of duty. Prior to electing to
terminate his active duty training status, however, the applicant was not
properly counseled regarding his rights under Department of Defense
Directive 1241.1, Reserve Component Incapacitation Systems Mangement. Had
he received proper counseling, he could have remained on continuous active
duty. In view of this, and in an effort to permit the applicant to attain
the maximum medical recovery and, if authorized, further processing under
the disability system, we recommend his records be corrected to the extend
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:
a. Pursuant to Sections 640 and 641, Title 10, United States Code,
his Mandatory Separation Date (MSD) of 1 May 2001 was extended until a
determination can be made concerning his fitness for continued military
service, not to exceed 1 May 2002.
b. Pursuant to Section 12301(h)(1), Title 10, United States Code, on
9 February 2001, he did not terminate his active duty status, but on that
date, he remained on continuous active duty.
c. The AF Forms 938, Request and Authorization for Active Duty
Training/Active Duty Tour, dated 7, 12, 23 March 2001, and 3 and 13 April
2001, be declared void and removed from his records.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 1 May 2001, under the provisions of AFI 36-2603:
Mr. Charles E. Bennett, Panel Chair
Ms. Patricia D. Vestal, Member
Mr. Frederick R. Beaman, III, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Apr 01.
Exhibit B. Letter, ARPC/DPP, dated 30 Apr 01, w/atchs.
CHARLES E. BENNETT
Panel Chair
AFBCMR 01-01206
MEMORANDUM FOR THE CHIEF OF STAFF
Under the authority of Section 1552, Title 10, United States
Code, and Air Force Instruction 36-2603, and having assured compliance
with the provisions of the above regulation, the decision of the Air
Force Board for Correction of Military Records is announced, and it is
directed that:
The pertinent military records of the Department of the Air
Force relating to [applicant], be corrected to show that:
a. Pursuant to Sections 640 and 641, Title 10, United
States Code, his Mandatory Separation Date (MSD) of 1 May 2001 was
extended until a determination can be made concerning his fitness for
continued military service, not to exceed 1 May 2002.
b. Pursuant to Section 12301(h)(1), Title 10, United
States Code, on 9 February 2001, he did not terminate his active duty
status, but on that date, he remained on continuous active duty.
c. The AF Forms 938, Request and Authorization for Active
Duty Training/Active Duty Tour, dated 7, 12, 23 March 2001, and 3 and
13 April 2001, be, and hereby are, declared void and removed from his
records.
ROSE M. KIRKPATRICK
Chief Examiner
Air Force Board for Correction
of Military Records
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