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AF | BCMR | CY2005 | BC-2004-03028
Original file (BC-2004-03028.doc) Auto-classification: Approved

                       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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