RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03710
            INDEX CODE:  136.01

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be returned to active duty via Manpower  Authorization  (MPA)  days
until he is released by medical personnel, including physical therapy,
to full military duty.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was removed from active duty  prior  to  being  released  from  his
orthopedic surgeon  and  returned  to  full  military  duty.   He  was
medically profiled by his treating physician until  20  January  2007.
All supporting documentation stated  he  should  have  remained  on  a
medical continuation MPA tour until the treating  physicians  released
him to full military duty to include completing his physical  therapy.
He served in Operation Iraqi Freedom from May  2005  to  10  September
2005 and while preparing to leave, he hurt his shoulder while  loading
mobility bags on pallets.  He was  in  much  discomfort  and  received
medical attention upon arriving in the  States.   During  his  medical
outprocessing, he explained what happened to him and he  was  given  a
line of duty (LOD) determination.  He was referred to several  medical
personnel and was put on 30-day MPA’s.  He  was  eventually  diagnosed
with a  severe  rotator-cuff  tear.   He  underwent  surgery  for  his
shoulder on 15 February 2006.  He has since attended physical  therapy
three times per week since his operation.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement and  copies  of  orders,  pertinent  medical  documentation,
pertinent email trails as well as official memorandums.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant began his military career on 23 March  1971.   He  has  been
progressively promoted to the grade of Chief Master  Sergeant  (CMSgt)
with a date of rank (DOR) of 14 July 1988.  He was  called  to  active
duty on 5 May 2005 in support of Operation Iraqi Freedom and served in
Iraq from 5 May 2005 to 11  September  2005.   He  injured  his  right
shoulder while in Iraq loading mobility bags.  After returning to  the
United States, he sought medical care and found out he tore his  right
rotator cuff.  His orthopedic surgeon recommended surgery.  He was put
on MPA days in accordance with law and regulations to undergo  medical
treatment.  He underwent surgery on his right shoulder on  15 February
2006.  He has been attending physical therapy three  times  per  week.
He was extended on MPA tour and eventually  stayed  on  tour  from  23
October 2005 until 20 June 2006.  On 20 June 2006, it  was  determined
he was fit for return to duty as the unit fire chief.  He was released
from the MPA tour, was approved for and was returned to  his  fulltime
technician position.  During October/November 2006, he volunteered for
and performed military duty in an annual training (AT) deployed status
at an overseas location.

_________________________________________________________________

AIR FORCE EVALUATION:

NGB/A1P0F recommends denial.  A1P0F states that based on guidance from
AMC concerning the applicant’s release from medical hold, A1P0F  finds
no error or injustice.

A1POF’s complete evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he was originally placed  on  temporary  profile  was
extended to eventually end on 1 September 2006.  He was released  from
MPA days however, on  20  June  2006.   He  contends  he  should  have
remained on MPA days until he was returned  to  full  duty  by  proper
medical personnel.  His MPA days were being provided by  Air  Material
Command (AMC).  He was removed  from  MPA  tour  by  a  geographically
separated, non medical provider who made a decision to return  him  to
full military duty even after she had  received  proper  documentation
from two providers clearly stating he was to continue on medical  hold
with medical restrictions and could  not  perform  his  full  military
duty.  Regarding A1P0F’s statement he went overseas to perform duty in
an Annual training (AT) mobility status, he contends he went there  in
a purely administrative position at the request of his commander.   He
provides a letter from his commander  substantiating  this  statement.
He further provides a letter from  his  attending  orthopedic  surgeon
returning him to full duty as of 22 February 2007.

Applicant’s complete response, with attachments, is at Exhibit D.

_________________________________________________________________




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.  In this  regard,  the  applicant,  a
Reserve component member, was injured while on active duty and serving
in Iraq.  Upon returning home he received  medical  attention  on  his
shoulder.  He was demobilized and put on  MPA  days  exactly  the  way
policy dictates.  However, prior to his physician  declaring  him  fit
for duty (he was undergoing physical therapy for  his  shoulder),  AMC
personnel  ordered  he  be  removed  from  active   duty   in   direct
contradiction to law and regulations which state he was to  remain  on
MPA days until he  was  either  returned  to  duty  by  his  attending
physician or he had been processed through the  Disability  Evaluation
System (DES).  He was not officially returned to duty by his physician
until 22 February 2007.  Therefore, we recommend that his  records  be
corrected as indicated below.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 20  June  2006,  he
was not removed from active duty but continued to serve on active duty
with the New York Air National Guard until 22 February 2007.

______________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2006-03710 in  Executive  Session  on  5  September  2007,  under  the
provisions of AFI 36-2603:

      Mr. James W. Russell III Panel Chair
      Ms. Jan Mulligan, Member
      Ms. Glenda H. Scheiner, Member

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





    Exhibit A.  DD Form 149, dated 26 Nov 06, w/atchs.
    Exhibit B.  Letter, NGB/A1P0F, dated 20 Jun 07, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 3 Jul 07.
    Exhibit D.  Letter, Applicant, dated 22 Jul 07, w/atchs.




                                   JAMES W. RUSSELL III
                                   Panel Chair