RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03958
            INDEX CODE:  108.10

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be placed on active duty for the period 3  May  2003  to  9 October
2003 as he was supposed to have been on  mandays  during  that  period
while recovering from a traffic accident.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While on active duty for one year, he was involved in an accident  and
was subsequently demobilized prior to the resolution  of  his  injury.
He believes he should not have been demobilized, or if demobilized, he
should have remained in an active duty status via mandays  until  such
time as his medical case had been resolved.  He states  the  Secretary
of the Air Force  (SAF)  denied  a  request  for  a  medical  hardship
extension and that he was not given the option to  accept  mandays  at
his demobilization even though he was in a physical profile status  of
4T.  He states he was placed on mandays effective 10 October 2003,  to
meet a military evaluation board (MEB).

In support of  his  appeal,  the  applicant  has  provided  copies  of
requests for medical  extensions,  AF  Form  422’s,  Physical  Profile
Serial Report, his line of duty (LOD) determination,  pertinent  email
trails, several  special  orders,  and  a  copy  of  a  DD  Form  214,
Certificate of Release or Discharge from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, a former member of  the  Kentucky  Air  National  Guard
(KYANG), was involuntarily mobilized in  support  of  Operation  Noble
Eagle from 1 December 2001 to 30 November 2002.  On 5 August 2002,  he
was injured in a traffic accident.  On 13 August 2002 the KYANG deemed
his injuries LOD.  Applicant  eventually  applied  for  three  medical
hardship extensions to his original mobilization order but was granted
only two.  The first extension was approved and extended his orders to
10 January  2003.   The  second  request  extended  his  orders  until
27 February 2003.  The third  request  for  an  extension  would  have
extended his orders to 8 June 2003 but was denied by SAF because of an
apparent administrative error on the request.  Applicant was listed as
a P-3 physical profile (world-wide qualified)  when  in  fact  he  was
considered a 4-T profile.  This error was found after SAF  had  denied
the extension request.  On 17 March  2003,  the  KYANG  resubmitted  a
corrected extension request that included a memorandum from the  KYANG
flight surgeon requesting applicant be granted a six-month  extension.
After further review of the request by HQ USAF/SGXO  and  HQ  ANG/SGP,
the decision to demobilize the  applicant  was  reconfirmed.   He  was
demobilized effective 2 May 2003 with a  service  characterization  of
honorable.

On 10 October 2003, he was placed on active duty for  the  purpose  of
meeting an MEB.  On 15 April 2004, a Formal Physical Evaluation  Board
(FPEB) found  him  to  be  unfit  for  further  military  service  and
recommended he  be  discharged  with  severance  pay  and  a  combined
compensable rating of 20%.  He was discharged from the KYANG effective
4 September 2004.  He was serving in the grade of  major  and  had  19
years, 9 months, and 8 days of service.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPPI states that  according  to  the  KY  ANG,  mandays  were  not
requested of the Gaining Major Command (GMAJCOM) as the applicant  was
not being processed for an MEB,  nor  were  there  any  known  medical
appointments to entitle him to mandays.  DPPI does not concur with the
applicant’s request to be placed on active  duty  for  the  referenced
time period, as he was physically capable of returning to his civilian
employment.  DPPI will consider awarding the  applicant  “points-only”
for any period of time that reflects he attended medical  appointments
as they relate to the injury incurred  while  on  active  duty.   DPPI
notes the declaration “Statement of Acknowledgement and Understanding”
was not a part of demobilization  procedures  until  mid  March  2003,
after the original submission.

DPPI’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provides requested PEB documentation along with  a  personal
statement.  He states he was mistakenly placed  in  a  3T  status  and
subsequently demobilized and separated on 3 September 2004.  The error
was caught but he was still refused a medical  extension,  even  after
the extension request was corrected and resubmitted.  He  believes  he
should have remained on active duty until  final  disposition  of  his
case.  He contends the Air Force Instructions (AFI’s)  governing  such
cases concur with his view.

After demobilization, he returned to his  civilian  employer  who  was
supportive but became annoyed that he was unable to complete an entire
workday at times and at  his  frequent  absences  to  attend  physical
therapy and doctor’s appointments.  He is confused by SAF/MR’s  denial
of his extension request after correction of his profile to 4T in that
he was injured while on Title 10 orders.  He contends his unit medical
personnel did not initiate an MEB as soon as it  became  apparent  his
condition would render him  “unfit  for  duty.”   Further,  his  local
Military Personnel Flight (MPF) and SAF/MR committed  numerous  errors
resulting  in  denial  of  his  extension   request   and   subsequent
demobilization.  He notes several members of his  unit  who  have  had
disabling injuries since his demobilization, have  remained  activated
or on man-days for the duration of their Disability Evaluation  System
(DES) process.

Applicant’s complete response is at Exhibit E.

_________________________________________________________________

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.  We note  the  Air  National  Guard’s
recommendation to award “points-only” for  any  period  of  time  that
reflects he attended  medical  appointments.   However,  Air  National
Guard Instructions (ANGIs), state that members on orders for a  period
of 31 days or more, who are incapacitated or hospitalized  beyond  the
original termination point of the orders, will remain on  active  duty
until a final disposition of the  member’s  case  is  determined.   It
appears the applicant was released from active duty prior to the final
disposition  of  his  case.    Therefore,   we   believe   under   the
circumstances of this case the more appropriate relief is to grant the
relief sought in this application.

______________________________________________________________

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 active duty on 2 May 2003, but was continued on active duty until
9 October 2003.

______________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 6 April 2005, under the  provisions  of  AFI  36-
2603:



      Ms. Cathlynn B. Sparks, Panel Chair
      Mr. Terry L. Scott, Member
      Mr. Patrick C. Daugherty, Member

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

    Exhibit A.  DD Form 149, dated 20 November 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 28 Oct 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 29 Oct 04.
    Exhibit E.  Letter, APPLICANT, dated 20 Jan 05.



                                   CATHLYNN B. SPARKS
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



[pic]
Office Of The Assistant Secretary



AFBCMR BC-2003-03958



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 he was not
released from active duty on 2 May 2003, but was continued on active
duty until 9 October 2003.





     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency