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AF | BCMR | CY2006 | BC-2006-00746
Original file (BC-2006-00746.doc) Auto-classification: Approved

                       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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