RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02140
INDEX CODE: 135.02
COUNSEL: None
HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 10 Jan 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be awarded a waiver for a satisfactory year of service for
retention/retirement year 2 May 2004 through 1 May 2005.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was injured on her civilian job and as a result of the injuries,
she was put on complete bed rest and after no improvement in her
condition she was placed on temporary disability.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Air Force Reserve (AFRES) as
an Individual Mobilization Augmentee (IMA) in the grade of senior
master sergeant (SMSgt).
On 2 June 2004, the applicant was injured on duty as a civil service
employee. She was placed on complete bed rest and on 23 August 2004,
she was placed on temporary disability.
The applicant had diagnostic procedures done in November 2004 and
January 2005 and was recommended for surgery in February 2005. On 10
February 2005, the U.S. Department of Labor, Office of Workers’
Compensation Programs (OWCP) notified the applicant that the
authorization for surgery could not be approved at that time.
The applicant from 2 May 2004 through 1 May 2005 accrued 11 active
duty (AD) points, 11 inactive duty training (IDT) points,
0 Extension Course (ECI) points, and 15 membership points for a total
of 37 retirement points and an unsatisfactory year of service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPPP states according to Air Force Manual (AFM) 36-8001, all
servicemembers must meet the medical standards in Air Force
Instruction (AFI) 48-123, and applicable Reserve medical guidance to
be considered medically qualified to participate in any pay or point
gaining activity. If the servicemember does not meet the medical
standards they may not participate in any pay or point gaining
activities and are put on a physical profile. A servicemember in this
status will be excused from any type of military duty requirements
until the profile has been removed and the servicemember found fit for
duty. Furthermore, HQ Air Reserve Personnel Center Directorate of
Health Services, states the applicant’s reserve record does not show
her to be on physical profile restricting her from participating. The
applicant was allowed to participate for pay and points in the Air
Force Reserve after her initial injury and also after being placed on
temporary disability. HQ ARPC/DPPP further states the applicant has
19 years of satisfactory service and has indicated her intention to
continue participating in the Reserves. With continued satisfactory
participation the applicant will be able to earn retirement
eligibility. It is unfortunate the sustained injuries precluded her
from participating, however, they find no error or injustice on the
part of the Air Force Reserve and therefore, they recommended the
relief sought in this application be denied.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states the injury
has affected her overall quality of life. She was scheduled for a
physical health assessment (PHA) on 19 November 2004 and was put on a
profile 3. On a follow-up visit she was placed on a profile 4 until 1
December 2005. She is still on disability and her surgery has been
approved and a full recovery is expected
A complete copy of the evaluation is attached 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 an error or an injustice. The evidence of record
reveals that the applicant was 13 points short of a good retirement
year for the year ending 1 May 2005. The applicant incurred an injury
while on duty as an civilian employee. After reviewing the evidence
of record, we believe that due to the delay in performing surgery, the
applicant was unable to accrue the necessary points for a satisfactory
year of service. In view of this and in consideration of her prior
history of active participation, we believe that it is in the interest
of justice to afford her the relief that would provide her the
necessary points for a good retirement year. Accordingly, we
recommend that the applicant's 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 for the
retirement/retention year 2 May 2004 to 1 May 2005, she was credited
with 13 additional non-paid inactive duty training points, resulting in
50 total points; and that the period 2 May 2004 to 1 May 2005 is a year
of satisfactory Federal service for retirement.
_________________________________________________________________
The following members of the Board considered this AFBCMR Docket
Number BC-2005-02140 in Executive Session Executive Session on
3 November 2005 under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Sue A. Lumpkins, Member
Mr. James L. Sommer, Member
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to AFBCMR Docket Number BC-
2005-02140 was considered:
Exhibit A. DD Form 149, dated 25 Jun 05, w/atchs.
Exhibit B. Microfiche Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DPP, dated 17 Aug 05.
Exhibit D. Letter, SAF/MRBR, dated 26 Aug 05.
Exhibit E. Applicant’s Response, 7 Sep 05, w/atchs.
RICHARD A. PETERSON
Panel Chair
AFBCMR BC-2005-02140
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 be corrected to show that for the
retirement/retention year 2 May 2004 to 1 May 2005, she was credited
with 13 additional non-paid inactive duty training points, resulting in
50 total points; and that the period 2 May 2004 to 1 May 2005 is a year
of satisfactory Federal service for retirement.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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