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AF | BCMR | CY2004 | BC-2003-03278
Original file (BC-2003-03278.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03278
            INDEX CODE:  108.03

            COUNSEL:  JOSHUA D. YANOV

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be placed on active duty for the period 3 March  2003  to  14 July
2003 with all pay and allowances for that time period.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Air National Guard Instruction (ANGI)  36-3001,  (Air  National  Guard
Incapacitation  Benefits),  and  ANGI  36-2910,  (Line  Of  Duty   And
Misconduct Determinations) both state that  a  member  can  remain  on
active duty until completion of final disposition of their case.  ANGI
36-3001 also gives information about how to extend members every 30 to
60 days during this time period.  Department  of  Defense  Instruction
(DODI) 1241.2, (Reserve Component Incapacitation  System  Management),
states that members called or ordered to active duty for a  period  of
31 days or more, who incur or aggravate an injury, illness, or disease
in the line of duty, shall, with the member’s consent, be continued on
active duty upon expiration of call or order to active duty until  the
member is determined fit for  duty  or  the  member  is  separated  or
retired  as  a  result  of  a  Disability  Evaluation   System   (DES)
determination.

In support of her  appeal,  the  applicant  has  provided  a  personal
statement and copies of her DD Form 214,  Certificate  of  Release  or
Discharge from  Active  Duty,  orders  placing  her  on  active  duty,
extending her active duty for 13 days, and placing her on active  duty
for a month to perform a line of duty (LOD) determination.  Copies  of
orders extending her LOD determination for two additional months,  her
LOD, sundry pertinent  email  traffic,  her  Inspectors  General  (IG)
complaint, a memo from the District of  Columbia  Air  National  Guard
(DCANG) denying her request for incapacitation pay, copies  of  United
States Code (USC) Titles 37  (Pay  and  Allowances  of  the  Uniformed
Services) and 10 (Armed Forces), ANGI 36-3001, a memo for  the  record
(MFR) indicating early termination of applicant’s active duty in order
for her to attend  Professional  Military  Education  (PME)  training,
select copies of her medical records, and copies of  her  unemployment
paperwork.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, a current member of the DCANG, was  ordered  to  active
duty for the period 1 October 2002 to 17 February  2003.   Her  orders
were amended to extend her tour to 29 March  2003.   In  mid  February
2003, her unit advised her that she had  been  selected  to  attend  a
technical school that she had  applied  for  prior  to  accepting  her
current active duty tour.  Her orders were again  amended  to  curtail
her active duty tour to 2 March  2003  to  allow  her  to  attend  the
training.  The training period was from 3 March through 14 March 2003.
 Prior to her leaving for school, on 10 February 2003, she was injured
when she slipped on ice and fell in front of her  duty  station.   She
was transported for medical care and was treated as an  outpatient  at
the local emergency room.  She was assigned to quarters for 2.5 weeks.
 Her supervisor informed  her  of  the  necessity  to  process  a  LOD
determination.  She faxed DD Form 348’s (Individual Sick Slip) and the
first page of an  AF  Form  348  (Line  of  Duty  Determination),  LOD
determination  filled  out  by  a  civilian  Family  Practice   Clinic
physician.  On 25 February 2003, she returned to work  and  was  again
advised to process the LOD determination.  The LOD was incomplete  and
therefore insufficient for ANG/DP to continue her on her  active  duty
tour.  She did however, attend and complete the PME class.   According
to email traffic from the DC  National  Guard  IG’s  office,  her  LOD
determination was finalized on 12 May 2003.  Her unit  placed  her  on
active duty from 15 July 2003 to 31 October 2003  to  undergo  an  LOD
determination.
_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  DPPI states she was not erroneously taken
off  orders  and  is  not  therefore  eligible  for   back   pay   and
entitlements.  DPPI refers to DODI  1241.2  and  AFI  48-123  (Medical
Examinations and  Standards)  wherein  it  is  stated  that  “Pay  and
allowances under this Instruction shall be paid only during the period
a member remains not fit for duty,” and “In all cases where  standards
for continued military service, deployment or mobility  are  not  met,
the AF Form 422 shall be annotated ‘…not qualified for  deployment  or
mobility’ and the worldwide assignment block shall be  checked  ‘No’,”
respectively.  DPPI contends the applicant never submitted an AF  Form
422 stating she was not (emphasis from OPR) worldwide  qualified.   Of
the three AF Form 422’s received from the  applicant,  two  showed  no
profile marked and the final AF  Form  422  (Physical  Profile  Serial
Report), dated 21 August 2003, includes an  annotation  of  “worldwide
qualified.”  The medical documentation presented  specifically  states
she  is  worldwide  qualified  and  deems  her  “fit  for  duty”  with
limitation thereby rendering DODI 1241.2 applicable.

DPPI’s complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
23 July 2004 for review and comment within 30 days.  As of this  date,
no response has been received by this office.

_________________________________________________________________

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 error or  injustice.  After  reviewing  the  evidence  of
record, it is obvious that the applicant’s unit was not aware  of  the
proper  way  to  process  the  applicant’s  LOD.  We  agree  with  the
applicant’s contention that she should have remained  on  active  duty
from 15 March 2003 until 14 July 2003.  It appears that  at  the  time
she was taken off active  duty,  a  line  of  duty  determination  and
fitness for duty had not been made.   In  this  regard,  we  note  the
applicant was injured on 10 February 2003 and a LOD determination  was
not accomplished until 12 May 2003 that indicated her  injury  was  in
the line of duty. Further, it was not until 21 August  2003  that  she
was determined to be worldwide qualified and fit for duty.  Therefore,
we recommend that the applicant’s records be corrected to  the  extent
indicated below.  The records show the applicant was  on  active  duty
from 3 March 2003 to 14 March 2003; therefore, she  has  already  been
paid for this period.
______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that  special  orders  were  published  by
competent authority placing her on Active  Duty  Special  Workday  (ADSW)  -
Home Station orders from 15 March 2003 through 14 July 2003.

______________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 13 October 2004, under the provisions of AFI  36-
2603:



      Ms. Martha J. Evans, Panel Chair
      Mr. Jay H. Jordan, Member
      Ms. Carolyn B. Willis, Member

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

    Exhibit A.  DD Form 149, dated 23 Sep 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 21 Jul 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Jul 04.




                                   MARTHA J. EVANS
                                   Panel Chair





                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC


[pic]
Office Of The Assistant Secretary



AFBCMR BC-2003-03278




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the  Department  of  the  Air  Force
relating to  APPLICANT,  be  corrected  to  show  that  competent  authority
placing her on Active Duty Special Workday  (ADSW)  -  Home  Station  orders
from 15 March 2003 through 14 July 2003, published special orders.







     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency





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