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AF | BCMR | CY2005 | BC-2005-02140
Original file (BC-2005-02140.doc) Auto-classification: Approved

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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