RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01209
            INDEX CODE:  108.10

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reinstated to active duty status for pay, allowances, and points
for the period 1 October 2003 to 30 September 2005.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was demobilized while on medical profile for a Line of  Duty  (LOD)
determination of yes, was not worldwide qualified, and  was  receiving
continued medical care for his injury.

In  support  of  his  appeal,  the  applicant  has  provided   several
attachments including copies  of  orders,  medical  documentation  and
pertinent messages.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force Reserve (AFR) on 5 September 1985.
 He was progressively promoted to the grade of master sergeant with  a
date of rank (DOR) of 2 November 1998.  On  13 March  2003,  while  on
active  duty  and  after  a  long  military  flight  to  Bahrain,   he
experienced low back pain and numbness and tingling in his right  leg.
He reported to the first available sick call for treatment.   In  June
2003, after returning to the U.S. he underwent an  orthopedic  consult
completed as part of  his  line  of  duty  (LOD)  that  revealed  mild
degenerative  changes  and  he  was  released  to  duty  under  a  4-T
(Temporary) profile.  He underwent an MRI in August 2003 that revealed
L3-4-5  desiccated  discs  with  mild  disc  bulging  L3-4.   He   was
demobilized effective 30 September 2003.  As a military technician, he
returned to duty in December 2003 but remained under 4-T profile  that
allowed him to attend Unit Training Assembly’s (UTA’s).   His  medical
profile was reviewed quarterly from 12 July 2003 to 11 March 2006.  On
21 January 2005, his commander submitted a Commanders Impact Statement
that declared though the member has not missed any duty time,  he  has
been on 4-T profile and is considered not able to fulfill his  duties.
Further, during September 2005, and after two years  of  ongoing  back
pain with only mild relief of  signs  and  symptoms  the  base  flight
surgeon noted his inability to accomplish the normal  requirements  of
his Air Force Specialty (AFS)  and  that  his  medical  condition  was
incompatible with continued  military  service.   The  flight  surgeon
recommended a medical discharge.  In February 2006, he was returned to
active duty (retro active to  1 October  2005)  in  order  to  meet  a
Medical  Evaluation  Board  (MEB).   On  28 November  2005   the   MEB
recommended  his  package  be  forwarded  to  the  Informal   Physical
Evaluation Board (IPEB) which recommended, on 14 February  2006,  that
he be discharged with severance pay with a compensable  percentage  of
disability of 20%.  He appealed the IPEB’s findings  and  his  package
was sent to the office of the Secretary of the Air  Force  (SAF/MRBP).
MRBP agreed  with  the  IPEB’s  findings.   However,  MRBP  noted  the
applicant had served for 20 satisfactory years  and  therefore  had  a
choice between severance pay or applying for Reserve  retired  pay  at
age  60.   The  applicant  chose  retired  pay  at  age  60.   He  was
transferred to the Retired Reserve List effective 6 June 2006.

_________________________________________________________________

AIR FORCE EVALUATION:

None.

_________________________________________________________________

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 being treated  for
an injury he received overseas.  In accordance with law and policy, as
he was on orders for more than 30 days when his  injury  occurred,  he
was entitled to remain on active duty until  his  demobilization  date
where he would seamlessly be discharged from active duty  under  Title
10 and put on active duty Manpower Authorization days, without a break
in service, until such time as he  was  declared  physically  fit  and
returned to duty or medically discharged with severance  pay.   On  30
September 2003, he was demobilized without being given the  option  of
remaining on active duty MPA days.  Although he was returned to active
duty in February 2006 to undergo an MEB, his unit made  the  effective
date 1 October 2005.  As a result, he should have remained  on  active
duty from 1 October 2003 to 30 September 2005.

Therefore, we recommend that the 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 30 September  2003,
he was not released from active duty, rather, he continued to serve on
active  duty  with  the  Pennsylvania   Air   National   Guard   until
30 September 2005.

______________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2006-01209  in  Executive  Session  on  16  August  2007,  under   the
provisions of AFI 36-2603:

      Ms. B.J. White-Olson, Panel Chair
      Mr. Vance E. Lineberger, Member
      Ms. Josephine L. Davis, Member

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

    Exhibit A.  DD Form 149, dated 14 Apr 06, w/atchs.




                                   B. J. WHITE-OLSON
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC




[pic]
Office Of The Assistant Secretary



AFBCMR BC-2006-01209




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 30 September
2003, he was not released from active duty, rather, he continued to
serve on active duty with the Pennsylvania Air National Guard until
30 September 2005.





     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency