RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02314
            INDEX CODE:  125.00, 145.00

            COUNSEL:  NONE

            HEARING DESIRED: NOT INDICATED

_________________________________________________________________

APPLICANT REQUESTS THAT:

His military medical records be changed to show his medical condition,
right paracentral disc protrusion L 4-5, was  aggravated  by  military
service as determined by a Report of Investigation (ROI) of  his  Line
of Duty (LOD) determination and he be entitled to pay  and  allowances
from 24 May 2003 to 11 April 2005.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was demobilized on 24 May 2003 after serving 1 year, 2 months,  and
15 days on active duty in support of  Operation  Noble  Eagle/Enduring
Freedom.  He believes he was unjustly separated from active  duty  and
should not have come  off  orders  until  his  medical  condition  had
cleared.  Final determination was not made until on or about 11  April
2005.  An MEB to determine continued military membership is pending.

In support of his appeal, the applicant has provided a copy of his  DD
Form 214, Certificate of Release or Discharge from  Active  Duty,  and
copies of pertinent medical documentation, separation  documents,  and
mobilization paperwork.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted into the Regular Air Force on 11 January 1967.   In
December 1969 he enlisted in a Reserve component  but  did  not  serve
satisfactorily until Retire/Retention (R/R) year ending  9 July  1983.
He was progressively promoted to the grade of technical sergeant  with
a date of rank (DOR) of 3 February 1991.  On 10 March  2002  applicant
was  mobilized  Under  Title  10  United  States  Code  (USC)  Partial
Mobilization.  On 19 June 2002 he developed  debilitating  lower  back
pain that was not resolved  with  prescribed  therapy  of  rest,  pain
medications and muscle relaxers.  On 29 June 2002, a Physical  Profile
Report was completed on the  applicant  for  Gout,  Degenerative  Disk
Disease, Chronic Arthritis and Numbness in Extremities.  He was put on
4T status for an indefinite period of time.  On 16  October  2002,  he
was restricted from physical activity including running and no lifting
over 25 pounds.   On  19 November  2002,  he  was  the  subject  of  a
Worldwide Duty/Fit for Duty  Evaluation  (WWD/FDE)  whereupon  he  was
determined disqualified for WWD.  On 20 November 2002, he was referred
to a Medical Evaluation Board (MEB) at Keesler AFB, MS.  On  21  April
2003, his unit submitted a request for additional MPA days  to  extend
the applicant on active duty pending  a  medical  evaluation.   On  22
April 2003, the request for additional active duty days was denied  by
the Air Material Command  Surgeon  General  (AMC/SG)  who  stated  “An
individual  who  can  return  to  his  civilian  position  within  the
limitations set by the doctors does not have to  remain  on  MPA  days
awaiting an MEB.”  On 25  April  2003,  he  was  approved  to  perform
inactive duty training until a determination was made by the MEB.   On
24 May 2003, applicant was demobilized and returned  to  his  civilian
employment as a military technician  and  began  performing  regularly
scheduled inactive duty with no loss of income.  On 1  June  2003,  he
extended for the fourth time, for a period of six months, in order  to
complete an MEB.  As he had never been directed to travel  to  Keesler
for an MEB, on 6 June 2004, his unit requested an  official  MEB.   In
February 2005, a Line of Duty  (LOD)  Determination  was  accomplished
wherein it was noted the applicant was initially diagnosed with  lower
back pain and degenerative disc disease on 3 March 2000.  In May 2000,
a Magnetic Resonance Imaging (MRI) revealed  degenerative  changes  in
the L4-5 and L-5 interspaces.  A protruding disk was noted in the L4-5
interspaces.  Between March 2000 and May 2000,  he  was  treated  with
rest, pain medication, and muscle relaxers.   By  July  2000,  he  was
asymptomatic and  returned  to  worldwide  qualified  status.   On  25
January 2005, an IG  investigation  was  completed  wherein  the  IG’s
Findings and Analyses concluded the  evidence  of  record  showed  the
member was involuntarily ordered to active duty in excess of 30  days,
was extended on medical  hold  due  to  physical  conditions  and  was
discharged from active  duty  prior  to  MEB  and  PEB  processing  to
determine his fitness for duty.  The IG concluded  the  member  should
have  remained  on  active  duty  until  the  MEB/PEB  processing  was
completed.   The  February   2005   LOD   determination   led   to   a
recommendation for a formal investigation into  the  handling  of  his
medical situation.  The formal investigation found his Line of Duty to
be “Existed Prior to Service (EPTS) – Service Aggravated.  On  10  May
2006, officials within the Office of the Secretary of  the  Air  Force
(SECAF) determined him to be physically unfit for  continued  military
service and directed he be discharged with  severance  pay  under  the
provisions of Title 10 United  States  Code  (U.S.C.),  Section  1203.
Since he had over 20 years of satisfactory service, he chose  transfer
to the Inactive Status List Reserve Section in lieu of discharge  with
severance pay.  On 17 May 2006, he was relieved  from  his  assignment
with the Mississippi ANG (MSANG) and honorably discharged effective 30
May 2006 and transferred to the USAFR and assigned to HQ  Air  Reserve
Personnel Center (ARPC) effective 31 May 2006.  He is awaiting Reserve
retired pay at the age of 60.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/A1POF recommends denial.  Because applicant was able to return  to
his civilian position within the limitations set by his physician,  he
did not have to remain on MPA days.  A1POF contends  he  was  provided
appropriate medical  care  for  his  medical  condition  and  did  not
experience any loss of income to which he was entitled as  a  military
technician.

A1POF’s complete evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
11 August 2006 for review and comment within  30  days.   As  of  this
date, this office has received no response.

_________________________________________________________________

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 error or injustice.  The applicant was mobilized for more
than 31 days when, on 19 June 2002,  he  suffered  debilitating  lower
back pain.  He was kept on active duty until he was demobilized on  24
May 2003. As he was on orders for more than 31 days when  he  incurred
the injury he was qualified for and should  have  remained  on  active
duty until the final dispensation of his case.  On 25 January 2005, an
IG investigation corroborated the applicant contention he should  have
remained on active duty until the final  disposition  of  his  MEB/PEB
action was realized.  Therefore, in view of the  above,  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 on 24 May 2003, he was
not released from active duty, rather, on that date  he  continued  to
serve on active duty with the Air National Guard until 10 May 2006.


The following members of the Board considered AFBCMR Docket Number BC-
2005-02314  in  Executive  Session  on  4  October  2006,  under   the
provisions of AFI 36-2603:

      Mr. Christopher D. Carey, Panel Chair
      Mr. Steven A. Cantrell, Member
      Ms. Renee M. Collier, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Jul 05, w/atchs.
    Exhibit B.  Military Personnel Records
    Exhibit C.  Letter, ANG/A1POF, dated 8 Aug 06, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Aug 06.




                                   CHRISTOPHER D. CAREY
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC




[pic]
Office Of The Assistant Secretary



AFBCMR BC-2005-02314




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 24 May 2003,
he was not released from active duty, rather, on that date he
continued to serve on active duty with the Air National Guard until 10
May 2006.





     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency