RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00096
INDEX CODE:
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be changed to show that his retention/retirement (R/R) year
of 20 September 1992 to 19 September 1993 be corrected to reflect a
satisfactory year of Reserve service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was injured while performing his annual training (AT) at Eglin AFB,
Florida. While his injury was considered line of duty (LOD), the
actual paperwork was not completed due to an administrative oversight.
He was eventually sent to a civilian doctor and his injury was
finally repaired on 1 March 1993. He contends he is getting ready to
retire from the Air National Guard (ANG) and will be transferred to
the Reserve Retired List. He has served with honor and loyalty and
does not believe he should have a bad year of service included on his
record when the injury was caused as a result of that duty. He
contends had his injury been taken care of promptly he would not have
missed as much duty as he did. He asks for no monetary reimbursement,
only that his record be changed to give him full credit for service
rendered.
In support of his appeal, the applicant has provided copies of his LOD
paperwork, statements from civilian doctors, point credit summaries,
several AF Form 422’s, Physical Profile Serial Reports, and several AF
Form 1971’s, Medical Certificate.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant, currently a member of the Illinois ANG (ILANG), began
his military career on 20 September 1984. He was eventually promoted
to the grade of technical sergeant (TSgt). On 24 July 1991, while on
AT at Eglin AFB, FL, he stepped on a tent pole and fractured his
ankle. Medical personnel at the military medical facility at Eglin
splinted his ankle and gave him crutches. Upon return to his unit he
reported to the clinic for care. On 4 October 1992, he returned to
his unit clinic complaining of right ankle pain and was referred to a
civilian orthopedic specialist for further evaluation and treatment.
On 1 November 1992 an LOD determination was started and on 26 March
1993, his local unit declared his injury as in LOD. The LOD also
indicated him as being incapacitated beginning 30 October 1992.
On 6 November 1992, he was put on physical profile that restricted his
military duty and recommended he not return to full military duty
unless cleared by a military physician. He was placed in a disability
pay and allowance status from 30 October 1992 through 19 April 1993.
On 1 March 1993, he underwent elective surgery on his right ankle. On
19 April 1993, another Physical Profile Report was accomplished
wherein the applicant was noted as being cleared for general service
and worldwide duty. Another Physical Profile Report was accomplished
on 1 May 1993, wherein he was restricted to light duty during Unit
Training Assembly’s (UTA’s) only. On 10 July 1993, the restriction to
light duty during UTA’s only and the restriction from active duty were
both rescinded and the applicant was returned to duty without
restriction. His physical profile was reviewed and validated on 18
November 1996.
As of 19 September 2004, the applicant had performed 20 years of
satisfactory service. His only year of unsatisfactory service was R/R
year 20 September 1992 to 19 September 1993 wherein he earned only 35
of the required 50 points for a satisfactory year of service. His
current End Term of Service (ETS) is 19 September 2006.
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPFOC recommends denial. DPFOC cites Department of Defense
Instruction 1241.2, Reserve Component Incapacitation System
Management, wherein it is stated Reservist’s unable to perform
military duty and receiving pay and allowances during the period of
incapacitation shall not be allowed to attend UTA’s for the purpose of
accruing retirement points.
DPFOC’s complete evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
28 October 2005 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air
National Guard office of primary responsibility and adopt its
rationale as the basis for our conclusion that the applicant has not
been the victim of an error or injustice. In fact, it appears the
disability system worked well in this instance. Additionally, we do
not believe the length of time it took the State to complete his Line
of Duty determination had a detrimental effect on his career. The
fact he collected incapacitation pay from October 1992 to April 1993
did leave him short of the required 50 points for a good year by
regulation; however, this has had no effect on his retirement
eligibility. Therefore, in the absence of evidence to the contrary,
we find no compelling basis to recommend granting the relief sought in
this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2005-00096 in Executive Session on 1 December 2005, under the
provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. James W. Russell, III, Member
Mr. Joseph D. Yount, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Dec 04, w/atchs.
Exhibit B. Letter, ANG/DPFOC, dated 20 Oct 05, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 28 Oct 05.
RICHARD A. PETERSON
Panel Chair
AF | BCMR | CY2006 | BC-2005-00075
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00075 INDEX CODE: 108.03 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 3 July 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: Special Form 502, Narrative Summary (Clinical Resume), signed on 9 April 2003 be corrected to reflect he did inform military authorities of an injury he received while on temporary duty...
AF | BCMR | CY2006 | BC-2005-00956
The return trip to the United States was in February 2003 and was an 18- hour flight. In support of his appeal, the applicant has provided a personal statement and copies of medical records, letters of support from attending physicians and witnesses, his LOD and Physical Profile Report, the first and second Report of Investigation (ROI), military medical history documents, deployment reports and associated orders, and pertinent information derived from the Internet dealing with pulmonary...
AF | BCMR | CY2006 | BC-2004-03882
_________________________________________________________________ APPLICANT CONTENDS THAT: He was not counseled or advised of the options available to him regarding the Medical Evaluation Board (MEB), the Informal Physical Evaluation Board (IPEB) or medical discharge from the Air Force. Further, he was not given adequate time to reach a decision on whether or not to submit a letter of exception to the IPEB regarding the Board’s findings. Furthermore, applicant submitted a letter...
ARMY | BCMR | CY1996 | 9606417C070209
The applicant was a special forces engineer (MOS 183C0) and since his duties included parachuting, the period during which, because of his knee injury, he could not perform his normal military duties, to include jump duties, was in fact incapacitating from 23 February 1986, the day of his injury, to 30 April 1990, the day he was restored to jump status, even though he did perform light duty during that period, but could not perform his MOS-required duties. Counsel goes on to describe the...
ARMY | BCMR | CY2013 | 20130008282
(4) On 26 March 2004, the Physical Evaluation Board (PEB) considered his bilateral knee pain due to patellofemoral arthritis unfit, existed prior to service and permanently aggravated by an LOD injury on 12 August 2003. (4) His orders show he has 20 years of service and his DD Form 214 states he was discharged with severance pay. The evidence of record shows he later submitted a statement requesting his medical board paperwork be reevaluated to increase his disability rating to 40% for...
AF | BCMR | CY2006 | BC-2005-01398
He was serving in the grade of technical sergeant and had served 37 years, 6 months, and 22 days for pay at the time of his transfer to the Retired Reserve. Applicant has provided a different promotion recommendation form signed by a different supervisor (along with the same letter of recommendation by the different supervisor). Applicant’s complete evaluation, with attachments, is at Exhibit D. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1.
AF | BCMR | CY2004 | BC-2004-00273
On 17 July 2002, he wrote a letter to his wing commander asking that an MEB be accomplished, that he be returned to active duty and entered into the Disability Evaluation System (DES), that he be provided all back pay to the point he was released from active duty and that he remain on active duty until the disposition of his case was finalized. DPPI’s complete evaluation, with attachment is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF...
Therefore, the applicant was issued a DD Form 214 for the 15-18 January 1991 period because it was in direct support of ODS/S. Since the injury she received while on active duty in 1991 caused her to be permanently retired for disability in 1995, she should have been placed on the TDRL in 1991 and not ordered to participate while disabled. 4 96-02626 A complete copy of the additional Air Force evaluation is at Exhibit H. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATIONS: Applicant...
AF | BCMR | CY2004 | BC-2003-03167
He receive all back pay and allowances from 15 April 2000, the date he was released from active duty, until now. He requests a medical retirement from the Air National Guard (ANG). After more physical therapy he was sent back to the ANG for duty to see if he experienced any more problems.
AF | BCMR | CY2005 | BC-2004-00907
_________________________________________________________________ APPLICANT CONTENDS THAT: He was discharged after serving 19 years, 4 months, and 13 days of active and Air National Guard (ANG) service, making him just seven months and a few days short of qualifying for retirement. The National Defense Authorization Act for FY95 approved a temporary special retirement qualification authority that allowed ANG members medically disqualified with over 15 years but less than 20 years of...