RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02488
INDEX CODE: 125.00, 145.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 23 May 2003 discharge be revoked and he be allowed to remain on
active duty with all pay and allowances until such time as HQ Air
Force Personnel Center (AFPC) has made a final determination regarding
his medical condition.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 23 May 2003, he was discharged from active duty (Title 10) based on
instructions in an e-mail that was very general in nature. While
serving on active duty, he suffered a myocardial infarction on 15 July
2002. He was kept on medical hold (remained on active duty orders)
until he was discharged from active duty. A Line of Duty (LOD) was
accomplished and on 24 January 2004 he met a Medical Evaluation Board
(MEB). He is currently awaiting the results of a Physical Evaluation
Board (PEB). On 25 January 2005, an Inspector General’s (IG’s)
investigation found that the governing Air Force Instruction (AFI) had
not been adhered to by his medical squadron.
In support of his appeal, the applicant has provided a copy of a DD
Form 214, Certificate of Release or Discharge from Active Duty, and
pertinent medical and subsequent discharge paperwork.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant spent four years on regular active duty from 22 October 1964
to 1 October 1968 when he joined a Reserve component. He served for a
little over two years. He had a break in service of approximately 12
years when he enlisted in the Air National Guard (ANG) on 4 December
1982. He was progressively promoted to the grade of technical
sergeant with a date of rank (DOR) of 2 December 1989. On 13 May
2002, he was mobilized in support of Operation Noble Eagle/Enduring
Freedom from 13 May 2002 to 23 May 2003. On 15 July 2002, he suffered
a myocardial infarction and was eventually placed on 4T medical
profile status. He was not allowed to participate in any military
duties nor attend Unit Training Assemblies (UTA’s) without the State
Air Surgeon’s (SG’s) permission. He remained on Title 10 active duty
status while he underwent treatment. On 19 November 2002, he
underwent a worldwide duty Fit for Duty evaluation. On 23 May 2003,
he was discharged (demobilized). As he had returned to “light” duty,
HQ Air Material Command (AMC) denied him further active duty. On
5 September 2003, he was declared not worldwide qualified by his
commander. On 28 April 2004, his medical status was found LOD, Yes.
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 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. In April 2005
the IPEB found him fit for duty and sent his package to Air National
Guard Surgeon General (ANG/SG) for final determination. ANG/SG found
him not worldwide deployable and unless he was placed in a non-
mobility position, he would have to be discharged or offered Reserve
retirement. His unit did not have a vacant non-mobility position and
he was subsequently retired effective 23 September 2005 awaiting
Reserve retired pay at age 60. He had served a total of 27 years, 11
months, and 10 days at the time of his retirement.
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/A1POF recommends denial. A1POF contends as soon as he was able to
return to his fulltime ANG position he was no longer eligible to
remain on Title 10 active duty orders. Thus, when it was determined
he was able to perform his ANG duty he was returned to his ANG
position. ANG/SG determined he was no longer worldwide qualified and
recommended he be discharged for retirement.
A1POF’s complete evaluation, with attachment, 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 in support of Operation Noble Eagle/Enduring Freedom from
13 May 2002 to 23 May 2003. On 15 July 2002, he suffered a myocardial
infarction. He was kept on active duty until he was demobilized on 23
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
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 4 April 2005.
______________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2005-02488 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 5 Aug 05, w/atchs.
Exhibit B. Letter, ANG/A1POF, dated 8 Aug 06.
Exhibit C. 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-2005-02488
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 23 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 4
April 2005.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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