RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03028
INDEX CODE: 108.00
COUNSEL: JOHN B. GATELY
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be paid all back pay and allowances from 1 June 2000 to
15 December 2003.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was injured while on orders (returning from Aviano AFB, Italy) in
1999. A Line of Duty (LOD) was convened in September 1999 and was not
completed until November 2003, some 45 months later. She was released
from active duty and steps were taken to administratively separate her
from the Air Force Reserve (AFR). As of this date, she has still not
been separated and is still a Reservist. In fact, she was issued
orders recalling her to active duty on 15 December 2003.
In support of her appeal, the applicant has provided copies of the
initial request for the LOD determination, the LOD determination, and
a copy of orders dated 16 December 2003, putting her on active duty
from 18 January 2004 to 13 May 2004.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 21 Jul 1999, applicant slipped and injured herself. On
13 September 1999, an AF Form 348, Line of Duty Determination was
initiated and not completed until 14 November 2003. On 24 February
2000, HQ ACC/CC ordered a formal investigation that was not completed
and therefore provided no determination. Further, her original AF
Form 348 was misplaced. On 18 November 2002, she was denied
reenlistment and separated from the AFRES. On 14 November 2003, the
formal investigation and the LOD were reaccomplished leading to the
applicant being recalled to active duty to undergo a Military
Evaluation Board (MEB). On 14 October 2004, she appeared before the
Formal Physical Evaluation Board (FPEB). The FPEB, on 27 October
2004, recommended further medical tests and ordered the Board to
reconvene a repeat MEB.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPRFQ recommends the applicant receive back pay and allowances
due her for the period 18 November 2002 to 15 December 2003 (minus any
civilian income earned during the same period to be verified via tax
receipts/pay statements). DPRFQ notes the applicant was erroneously
separated from the AFR with an ongoing/unresolved medical condition.
She did not have access to military medical or Veteran’s
Administration (VA) treatment during her 13-month separation from the
AFR.
DPRFQ’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Counsel for the applicant notes he has confirmed with his client the
actual date on which she was erroneously released from active duty
with an ongoing, unresolved medical condition that was grounds for
processing her through the USAF Physical Evaluation Board (PEB)
system, was 1 June 2000. During the following year, she performed her
Annual Training (AT) but performed no other duties. It appears while
she was separated from the AFR on 18 November 2002, she was actually
released from active duty much earlier. With this in mind, she would
actually be entitled to back pay and allowances from 1 June 2000 to
15 December 2003, instead of 18 November 2002 to 15 December 2003.
_________________________________________________________________
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 an error or injustice. A review of the evidence
presented indicates the applicant was injured in the Line of Duty
(LOD) on 21 July 1999, released from active duty on 1 June 2000,
separated from the Air Force Reserve on 18 November 2002 and returned
to active duty on 15 December 2003 to undergo an MEB. At the time of
her release from active duty in June 2000, the applicant had an
ongoing, unresolved medical condition that entitled her to be
processed through the Disability Evaluation System. In this regard,
we note the relief recommended by the Air Force; however, in order to
provide the applicant full and fitting relief, we believe that greater
relief than that recommended by the Air Force would be appropriate.
Therefore, we recommend that the records be corrected as 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 on 1 June 2000, she
was not released from active duty, rather, on that date she continued
to serve on active duty with the Air Force Reserve until 15 December
2003.
______________________________________________________________
The following members of the Board considered this application in
Executive Session on 8 March 2005, under the provisions of AFI 36-
2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Barbara R. Murray, Member
Mr. Christopher D. Carey, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Aug 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPRFQ, dated 7 Dec 04.
Exhibit D. Letter, SAF/MRBR, dated 10 Dec 04.
Exhibit E. Letter, Counsel, dated 13 Dec 04.
RICHARD A. PETERSON
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office Of The Assistant Secretary
AFBCMR BC-2004-03028
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 on 1 June 2000,
she was not released from active duty, rather, on that date she
continued to serve on active duty with the Air Force Reserve until 15
December 2003.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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