RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-03663
            INDEX CODE:  110.00
      XXXXXXX                     COUNSEL:  NONE
                                   HEARING DESIRED:  NO

______________________________________________________________

APPLICANT REQUESTS THAT:

1.  The date of her Line of Duty determination (LOD) be corrected.

2.  She receive back pay and allowances.

3.  She receive retirement points.

4.  She receive out-of-pocket reimbursement for medical bills.

5.  Her military leave be reinstated.

________________________________________________________________

APPLICANT CONTENDS THAT:

She should have been continued on active duty orders until a  medical  board
determined her fitness for duty.  Her LOD was issued after her release  from
active duty.  After returning from Iraq, she complained of the problems  she
was experiencing.  Her appointments  were  cancelled  for  various  reasons.
She did not see a doctor, psychologist, psychiatrist or anyone  asking  what
was wrong.  She was only asked if she was suicidal.  After returning to  her
civilian job,  she  visited  with  a  psychiatrist  on  six  ocassions.   In
November 2004, her  physician  advised  her  that  she  could  not  use  her
medicine or participate in military duties.  She was  placed  on  a  medical
profile of “4”  which  denotes  "disqualified  for  worldwide  service"  not
receiving pay or points.  She was not provided instructions on  what  to  do
next.  In May 2006, she discovered a letter dated 6 November  2005,  stating
she was qualified for worldwide duty.  Had she been aware  of  this  letter,
she could have been participating from November 2005 until May 2006.  On  16
June 2006, a LOD determination was made.   This  determination  should  have
been done prior to her release from active duty in 2004.  On  22 July  2006,
she attended her first Unit Training Assembly (UTA) after being cleared  for
duty.   She  was  subsequently  placed  on   profile   “3”   which   denotes
"Significant defect(s) or disease(s) under good control.”  While on  profile
“4”  she  was  charged  for  life  insurance   premiums.    Had   she   been
informed/attended the out-processing briefing after being placed on  medical
profile “4,” she could have suspended her life insurance payments.   Between
26 September 2006 and 11 October 2006, she was hospitalized in  Kansas  City
for Post Traumatic Stress Disorder (PTSD).  She was again  hospitalized  for
PTSD From 14-26 April 2007 and was  given  electroconvulsive  therapy  (ECT)
treatments.  Since her  first  hospitalization  in  October  2006,  she  has
worked on an intermediate basis  with  the  Kansas  City  Police  Department
(KCPD).  After her hospitalization in April 2007, she has not worked at  her
civilian job.  In July 2007, she returned to work on a  limited  basis.   On
23 Oct 07, the KCPD informed her they  were  in  the  process  of  medically
retiring her due to her illness.

In support of her request, the  applicant  submits  a  personal  statement,
copies of her AF Forms 422, her out-of-pocket expense summary,  explanation
of  benefits,  patient  prescription   records,   medical   receipts,   pay
statements, and documentation extracted  from  her  Department  of  Veteran
Affairs (DVA) medical and military personnel records.

Her complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Data extracted from  available  records  reflect  the  applicant  initially
entered the Air Force Reserves on 17 May 1990.

On 24 Sepember 2003, she deployed in support of Operation Enduring  Freedom
and returned on 21 November 2003.

On 6 November 2004, an AF Form 422, Physical Profile Serial Report rendered
her ineligible to perform military duties.  On 7 May 2006, an informal Line
of Duty (ILOD) determination was initiated.   On  6  June  2006,  her  unit
commander stated she was suffering from  PTSD  related  to  activation  and
deployment for Operation Iraqi Freedom and recommended an ILOD.  On 16  Jun
06, the ILOD request was approved.

On 10 Feb 04, she was released from active duty with service  characterized
as honorable.

She served a total of 15 years of satisfactory service.

On 28 Jun 08, the 442 Fighter Wing (FW), Whiteman AFB, Staff Judge Advocate
(SJA) stated the objective of  an  LOD  determination  is  to  protect  the
interests of both the member and the U. S. Government when a service member
sustains an injury,  disease  or  death.   The  SJA  stated  to  meet  this
objective, it would have been appropriate for the 442 FW  to  initiate  LOD
proceedings earlier than they were initiated.  The LOD proceedings may have
been started based upon the commander’s discretion as early as  3 May  2004
(or earlier) if a commander or  medical  officer  had  been  aware  of  the
circumstances and certainly should have been initiated by 6  November  2004
when a profile was started on the member.

On 1 July 2008, the 442FW/CC submitted a letter requesting her LOD date  be
changed stating that due to various internal mistakes her LOD determination
was not initiated until 2 May 2006.

________________________________________________________________

AIR FORCE EVALUATION:

The AFRC/CV recommends partial correction.  CV states  that  in  accordance
with SAF/AA memorandum dated 8 December 2006, her entitlement for return to
active duty is based upon the medical  diagnosis  rendering  an  individual
unable to perform military duties and (ILOD) determines the  injury/illness
was incurred or aggravated in the performance of military  duty.   This  is
what initiates the member’s entitlement, not when the  injury  occurred  or
when the airman was released from active duty.  Therefore, she is  entitled
to be placed on active duty for the period  16 June  2006  through  28  Jun
2006,  at  which  time  she  was  able  to  perform  military  duties  with
restrictions.  She may have an entitlement for incapacitation pay  for  the
period of 29 June 2006 until she returned to work with her  civilian  place
of employment and can demonstrate a loss of earned  civilian  income.   Her
military record should be corrected to reflect points and pay from  16 June
2006 through 28 June 2006.  AFRC/SG has determined  that  reimbursement  is
appropriate for out-of-pocket costs for all Tricare Health related expenses
incurred as a result of this LOD injury.

The complete CV evaluation, with attachments, is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant's commander provided a response  on  the  applicant's  behalf
stating various internal mistakes delayed an LOD determination until 2  May
2006.  The Military Treatment Facility did not fulfill it's responsibly  to
provide  appointment  assistance  or  to  follow  through  with  her  after
cancelling her appointment.  Had their internal process  worked  correctly,
the LOD would have been initiated in May 2004, and she would not be in this
position of trying to correct errors in her record which are due to  issues
beyond her control.

The complete response, with attachments, is at Exhibit E.

________________________________________________________________




BCMR MEDICAL CONSULTANT EVALUATION:

The BCMR Medical Consultant recommends approval.   The  Medical  Consultant
states there is sufficient evidence of record to indicate that  the  delays
in processing the applicant’s case were not within  her  span  of  control.
There is objective evidence that she required  continued  treatment  of  an
unresolved medical disorder, from  her  initial  Medical  Evaluation  Board
(MEB) until the date she was placed on the Temporary Disability  Retirement
List (TDRL).  Her TDRL date was confirmed  with  the  Disability  Division.
Therefore, the BCMR Medical Consultant finds it reasonable to conclude that
she should receive the pay she would have received had she been retained to
complete the Disability  Evaluation  Process  (DES);  a  process  that  has
unfortunately been quite  lengthy.   She  should  also  be  considered  for
recomputation of her points towards retirement to reflect a continuation of
active service through 9 June 2008.  The  BCMR  Medical  Consultant  opines
that the applicant’s ILOD determination should be made effective 9 February
2004, the day prior to the date of her initial  release  from  active  duty
status. The BCMR Medical  Consultant  recommends  granting  the  relief  by
restoring her active duty status, effective 10 February 2004 and that  such
status should be continued to the date she was  placed  on  the  TDRL.   In
addition, pay reimbursements and a recomputation of the  applicant’s  leave
accrued and points towards retirement should also be completed.

The complete BCMR Medical evaluation is at Exhibit F.

________________________________________________________________

APPLICANT'S REVIEW OF BCMR MEDICAL CONSULTANT EVALUATION:

A copy  of  the  Medical  Consultant's  evaluation  was  forwarded  to  the
applicant on 19 September 2008 for review and comment within 30  days.   As
of this date, this office has received no response (Exhibit G).

________________________________________________________________

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 error or injustice warranting corrective action.   In  this
respect, the applicant was identified by medical authorities  as  requiring
medical treatment and was placed on a medical profile for her condition  of
PTSD.  However, contrary to established guidance dictating that she  remain
on an active status  until  processed  through  the  disability  evaluation
system, she was demobilized from active duty.   Further,  it  appears  that
through no fault of her own, the LOD determination, which should have  been
initiated in May 2004, was not initiated until May 2006.   Accordingly,  it
is our opinion that in order to resolve the injustices she has suffered  as
a result of these errors her record should be corrected to  show  that  she
remained in an active status until such time as she was placed on the TDRL.
 We do not  believe  it  is  necessary  to  change  the  date  of  her  LOD
determination as she is requesting, because  the  rights  and  entitlements
which she was denied can be corrected regardless of the  date  of  the  LOD
determination.   It  appears  that  competent  authority   has   made   the
determination that she is entitled  to  reimbursement  of  certain  medical
expenses and may be entitled to incapacitation pay.  Reimbursement of those
expenses is not within  our  authority;  therefore,  she  must  submit  the
appropriate documentation to the appropriate agency.  In view of the above,
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 she  was  not  released  from  active
duty on 10 February 2004, but was continued on  active  duty  until  9  June
2008.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
03663 in Executive Session on 4 Dec 08, under  the  provisions  of  AFI  36-
2603:

                 Mr.  Thomas S. Markiewicz, Chair
                 Ms.  Josephine L. Davis, Member
                 Mr.  Kurt R. LaFrance, Member

All members voted to correct the records, as  recommended.   The  following
documentary evidence pertaining to AFBCMR Docket Number  BC-2007-03663  was
considered:

Exhibit A.  DD Form 149, dated 7 Nov 07, w/atchs.
Exhibit B.  Available Master Military Personnel Records.
Exhibit C.  Letter, AFRC/CV, dated 28 Feb 08, w/atchs.
Exhibit D.  Letter, SAF/MRBR, dated 7 Mar 08.
Exhibit E.  Letter, BCMR Medical Consultant, dated 17 Sep 08.
Exhibit F.  Letter, SAF/MRBR, dated 19 Sep 08.



            THOMAS S. MARKIEWICZ
            Chair


AFBCMR BC-2007-03663




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 XXXXXXX,XXXXXXX be corrected to show that she was not released
from active duty on 10 February 2004, but was continued on active duty
until 9 June 2008.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency