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AF | BCMR | CY2007 | BC-2007-01483
Original file (BC-2007-01483.DOC) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-01483
                                             INDEX CODE:  128.14, 135.02
      XXXXXXXXXXXXX                     COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  7 November 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

He be placed on active duty orders for the period 1 January 2006 to 7  March
2006, with subsequent back pay.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was injured in the line of duty (LOD) on 27 December 2005  while  serving
on active duty orders at Shaw AFB, SC.  His active duty orders expired on  1
January 2006, and he was not issued  medical  continuation  orders  until  7
March 2006.

His injury left him unable to work in any capacity at  either  his  civilian
or military job.  He was ordered to remain at Shaw AFB to await  orders  and
seek further medical treatment which never came.   After  returning  to  his
home station, Patrick AFB, FL, the medical continuation did not  drop  [sic]
until 7 March 2006, just before surgery for his injury.

In support of his appeal, he has provided copies of  an  LOD  Determination,
dated  26  January  2006,  RO  D-02206,  dated  29   March   2006,   medical
documentation from The Orthopaedic and Sports Medicine  Center  of  Brevard,
Inc., Physical Profile Serial Reports, dated 6 March 2006 and 17  May  2006,
RO D-00187, dated 18  October  2005,  and  a  document  from  Neuro-Skeletal
Imaging, dated 8 March 2006.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant is a United States Air Force Reserve member, currently serving  in
the grade of Technical Sergeant  (E-6),  who  was  serving  on  active  duty
orders from 14 October 2005 – 31 December 2005, and from 6 February  2006  –
31 August 2006.  On 29 December 2005, he suffered  an  injury  to  his  left
shoulder, and an LOD was accomplished and finalized as In-Line-Of-Duty on  6
March 2007.

AFRCI 36-3004, paragraph 4.1, states if an airman  incurs  a  disability  in
the line of duty while on an active duty tour, they  are  not  involuntarily
released from those orders until the  medical  condition  is  resolved,  the
medical condition cannot  be  improved  and  the  case  has  been  completed
through  the  Disability  Evaluation  System  processing,  or  the   medical
condition has been determined not to be in the line of duty.

________________________________________________________________

AIR FORCE EVALUATION:

AFRC/A1B recommends denial of applicant’s request for the period  1  January
2006 – 7 March 2006; however, they recommend partial relief  of  applicant’s
request for the period 1 January 2006 – 5 February 2006.

Applicant was serving on active  duty  orders  from  14  October  2005 –  31
December 2005 and from 6 February 2006 –  31  August  2006.   Based  on  the
AFRCI 36-3004 guidance, he should not have been involuntarily released  from
those orders, and should have been continued on active duty orders  for  the
period 1 January 2006 – 5 February 2006.

The AFRC/A1B evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on  3  July
2007, for review and comment, within 30 days.  However, as of this date,  no
response has been received by this office.

________________________________________________________________

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 an injustice that warrants granting applicant  partial  relief.
Evidence has been presented that he was serving on active  duty  orders  for
the periods 14 October 2005 – 31 December 2005, and from 6 February  2006  –
31 August 2006.  Based on the AFRC established guidance, he should not  have
been involuntarily released from the original orders until his  LOD  medical
condition was resolved, and  should  have  been  continued  on  active  duty
orders for the period 1 January 2006  –  5  February  2006.   Therefore,  we
recommend that his records be corrected to the extent 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
on 1 January 2006, but was continued  on  active  duty  through  5  February
2006.



________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-01483
in Executive Session on 15 August 2007, under  the  provisions  of  AFI  36-
2603:

                       Mr. Michael J. Novel, Panel Chair
                       Ms. Patricia R. Collins, Member
                       Mr. Reginald P. Howard, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Dec 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFRC/A1B, dated 18 Jun 07.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Jul 07.




                                   MICHAEL J. NOVEL
                                   Panel Chair




AFBCMR 2007-01483




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 XXXXXXXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that:


            a.  He was not released from active duty on 1 January 2006,  but
on that date he was continued on active duty.

            b.   On 5 February 2006, he was released from active duty.










  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency



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