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


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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