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AF | BCMR | CY2001 | 0101206
Original file (0101206.doc) Auto-classification: Approved

                            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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