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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