RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00746
INDEX CODE: 108.10
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He receive all back pay and any or all benefits he would have received
while on Title 10 active duty orders.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was released from title 10 active duty orders while pending a
Medical Evaluation Board (MEB) hearing. He was released from active
duty on 26 June 2004 while his MEB was not convened until 14 January
2005. He filed an Inspectors General (IG) complaint with the 146th
Airlift Wing (AW), California Air National Guard (CAANG) in March 2005
that indicated he should have remained on active duty until his MEB
and/or Formal/Informal Physical Evaluation Boards (I/FPEB) were
completed.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant entered the Regular Air Force on 3 September 1968 and joined
the CAANG on 31 August 1979. He was progressively promoted to the
grade of staff sergeant. He served for over 27 years and is currently
retired awaiting Reserve Retired pay at age 60.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1POF recommends denial. A1POF notes he was placed on orders to
initiate an MEB. Although he would have liked to remain on active
duty orders throughout the processing of his MEB, officials from the
ANG (Surgeon General’s) office (ANG/SG) advised the CAANG to curtail
his orders, provided he could return to fulltime employment. The
applicant, a fulltime military technician with the CAANG, was able to
return to fulltime employment with the CAANG and his orders were
curtailed accordingly. A1POF feels the action taken by the CAANG
properly adhered to ANG/SG direction due to the fact he was able to
return to fulltime employment after initiating an MEB. He was not
authorized additional active duty pay and entitlements during a period
of time he was earning a fulltime income with the CAANG.
A1POF’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant claims the A1POF contention he returned to fulltime military
technician duties after being discharged is not true. He contends he
was not nor has ever been employed in a fulltime capacity with the
CAANG but has served in a traditional status and served fulltime only
when put on orders to serve on active duty. Prior to being released
on 26 June 2004, he requested additional orders so he may remain on
active duty until the MEB had heard his case and made a final decision
on it. While going through the MEB at Lackland AFB, he was told by a
legal affairs officer that he was entitled to remain on active duty
until his case had been resolved. He was told to return to his base
and ask to be put back on orders for the period 27 June 2004 to
21 January 2005. His request was denied however as he had already
been retired by then.
Applicant’s complete response, with attachment, is 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 error or injustice. The applicant was mobilized for more
than 31 days during such time he was diagnosed with Type II Diabetes.
He was kept on active duty until he was demobilized on 16 June 2004.
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 21 January 2005, the Secretary of
the Air Force (SECAF) found him physically unfit for continued
military service and recommended he be discharged and transferred to
the Retired Reserve awaiting retired pay at age 60. As the SECAF made
its decision on 21 January 2005, that is the date his case would be
considered closed. 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 he was not released
from active duty with the Air National Guard on 21 January 2006, but
was continued on active duty until 16 June 2004, and transferred to
the Retired Reserve on 22 January 2005 awaiting pay at age 60.
______________________________________________________________
The following members of the Board considered this application in
Executive Session on 1 August 2006, under the provisions of AFI 36-
2603:
Mr. John B. Hennessey, Panel Chair
Mr. Elwood C. Lewis, III, Member
Ms. Donna D. Jonkoff, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Mar 06.
Exhibit B. Letter, NGB/A1POF, dated 20 Jun 06.
Exhibit C. Letter, SAF/MRBR, dated 23 Jun 06.
Exhibit D. Letter, Applicant, dated 26 Jun 06.
JOHN B. HENNESSEY
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office Of The Assistant Secretary
AFBCMR BC-2006-00746
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 he was not
released from active duty with the Air National Guard on 21 January
2006, but was continued on active duty until 16 June 2004, and
transferred to the Retired Reserve on 22 January 2005 awaiting pay at
age 60.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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