RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01056
            INDEX CODE:  135.02
      XXXXXXXXXXXXXXXXX      COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  6 October 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show his  Retention/Retirement  (R/R)  year  30
January 2005 through 29 January 2006 be  a  satisfactory  year  of  Federal
service.
___________________________________________________________________

APPLICANT CONTENDS THAT:

While he was serving on active duty as a mobilized Reservist, he suffered a
myocardial infarction on 17 January 2004 and was placed in  a  “P4”  status
pending Medical Evaluation Board (MEB) processing.  He remained  on  active
duty until his release back  to  his  Reserve  unit  on  13  January  2005.
Effective immediately, he was prohibited from participating as a  Reservist
until 7 September 2005.   As  a  result,  he  incurred  a  “bad  year”  for
retirement through no fault of his own.

In support of his application, he provided a  copy  of  his  AF  Form  526,
Service History; mobilization order; Line of Duty  Determination;  Physical
Profile Serial Report; medical documentation; DD Form 214,  Certificate  of
Release or Discharge from Active Duty; Notification of Pending MEB;  Report
of Medical Evaluation; and revised Physical Profile serial Report.

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

___________________________________________________________________

STATEMENT OF FACTS:

On 17 January 2004, the applicant was ordered to active duty in support  of
OPERATION IRAQI FREEDOM.  On 21  August  2004,  he  suffered  a  myocardial
infarction.  He was placed on a physical profile “P4” effective 22 November
2004, following a stent placement, rendering him unavailable for  worldwide
duty.  On 13 December 2004, the applicant’s condition was determined to  be
in the line of duty.

The applicant was released from active duty effective 12 January  2005  and
reassigned to his Reserve unit on 13 January 2005.  On  7 April  2005,  the
applicant was notified of a pending MEB to determine  his  medical  fitness
for worldwide duty.  On 7 September 2005, the Office of  the  Secretary  of
the Air Force determined the  applicant  was  fit  for  military  duty  and
directed the applicant’s physical profile code be changed to “P3.”

As of the Reserve Year Ending (RYE) 29  January  2006,  the  applicant  was
credited with 14 years, 2 months,  and  29  days  of  satisfactory  Federal
service.

For RYE 29 January 2006, the applicant was credited with 17  inactive  duty
and 15 membership points, for a total of 32 points  and  an  unsatisfactory
year of Federal service.

___________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends denial of the applicant’s request.  It is DPP’s opinion
that it was unfortunate  that  the  applicant  became  ill  and  could  not
participate when reassigned to his Reserve unit.   Timing  of  the  medical
evaluation versus his R/R year was also an unfortunate issue; however,  all
earned points were awarded appropriately.

DPP states should the Board decide to approve the applicant’s request,  his
record should be corrected to reflect an additional  18  non-paid  inactive
duty training (IDT) points were awarded for his RYE 29 January 2006  for  a
total of 0 active duty points, 35 IDT points, 0 Extension Course  Institute
points, and 15 membership points, giving him 50 total retirement points and
a year of satisfactory Federal service.

The DPP evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He disagrees with the Air Force advisory opinion that there is no injustice
in this case.  He was released from active duty to the  Reserve  forces  in
the same physical condition; however, the two  military  components  viewed
his condition differently.  Immediately, the Reserve  restricted  his  duty
and denied his inactive duty participation.  The injustice occurred when he
did not receive equal opportunity and  protection  to  participate  in  the
Reserve component that he was allowed in the active force.  He  could  have
remained on active duty in a  medical  hold  status  ensuring  satisfactory
service for his RYE 29 January 2006; however, he chose not to  continue  on
active duty allowing a deployable member to occupy his position  to  better
serve the needs of the  Air  Force.   No  expenditure  of  funds  would  be
required to accomplish this record  correction.   If  the  Board  does  not
approve to credit 18 non-paid inactive duty training points to his  RYE  29
January 2006, then he requests that 18 excess points from his previous  R/R
year be added to his deficit R/R year making it a good year for retirement.


The applicant’s rebuttal 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 probable injustice with  respect  to  the  applicant’s  request
pertaining to his RYE 29 January 2006.  The applicant  claims  that  he  was
unable to perform enough inactive duty training for  this  year  because  he
was not permitted to perform training while waiting  for  the  results  from
his MEB.  While we do not find any error in this case, we feel  the  lengthy
time it took to process his MEB was unreasonable.  Since  the  MEB  returned
the applicant to duty, we are of the opinion that the applicant  should  not
be penalized because of his inability to fulfill training  requirements  for
his  RYE  29  January  2006  due  to  circumstances  beyond   his   control.
Accordingly, we feel his records should 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 awarded an additional 18 non-
paid inactive duty training points for retirement/retention year 30  January
2005 through 29 January 2006, resulting in 50 total points;  and,  that  the
period 30 January 2005 through 29 January 2006 is  a  year  of  satisfactory
Federal service.

___________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 28 June 2007, under the provisions of AFI 36-2603:

            Ms. XXXXXXXXXXXXXXXXX, Panel Chair
            Ms. XXXXXXXXXXXXXXXXX, Member
            Ms. XXXXXXXXXXXXXXXXX, Member


All members voted to correct the records,  as  recommended.   The  following
documentary evidence for Docket Number BC-2007-01056 was considered:

      Exhibit A.  DD Form 149, dated 28 mar 07, with attachments.
      Exhibit B.  Letter, ARPC/DPP, dated 19 Apr 07.
      Exhibit C.  Letter, SAF/MRBR, dated 27 Apr 07.
      Exhibit D.  Applicant’s Rebuttal, dated 25 May 07.




                                  XXXXXXXXXXXXXXXXXXXX
                                                   Panel Chair


AFBCMR BC-2007-01056




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 XXXXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that he was
awarded an additional 18 non-paid inactive duty training points for
retirement/retention year 30 January 2005 through 29 January 2006,
resulting in 50 total points; and, that the period 30 January 2005 through
29 January 2006 is a year of satisfactory Federal service.




                                             XXXXXXXXXXXXXXXXXXX
                                             Director
                                             Air Force Review Boards Agency