RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2008-00282
            INDEX CODE: 110.00
      XXXXXXX                     COUNSEL:  NONE
                                   HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He be placed on medical continuation orders and receive back pay and points
to include basic allowance for housing (BAH) beginning 6 October 2006.

________________________________________________________________

APPLICANT CONTENDS THAT:

On 14 October 2005, while on active duty in support  of  Operation  Enduring
Freedom/Iraqi Freedom, he was  injured  while  in  the  performance  of  his
duties as an Air Force C-130 loadmaster. These  injuries  were  accepted  as
service related and service aggravated.  The injury  to  his  back  required
two surgeries, (May 2006 and July 2006).  He  was  transferred  from  active
duty orders and put on Military Personnel Appropriation  (MPA)  orders  from
June 2006 until September 2006.  In August 2006,  he  was  informed  by  the
person in charge of MPA orders, that under  no  circumstances  would  he  be
extended  past  September.   He   was   forced   to   return   to   civilian
status/employment.  He was left on P4 status and denied the  opportunity  to
participate in unit activities to include drill.  He  attempted  to  resolve
his P4 status on several occasions  with  his  unit  and  his  congressional
representative.  This issue has not been resolved and he has been forced  to
extend his enlistment in the Air Force since November  2006.   According  to
what he understands regarding the  MPA  process,  he  should  have  been  on
orders until his P4 status was resolved.

In support of his request, the applicant submits a  personal  letter  and  a
copy of a letter from his congressman.

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

________________________________________________________________

STATEMENT OF FACTS:

Data extracted from available military records and the  Military  Personnel
Data System (MILPDS) reflect the applicant met a Medical  Evaluation  Board
(MEB) in October 2007.  The MEB stated his  medical  condition  of  chronic
lower back pain, existed prior to service but was  aggravated  by  military
service and prevented him from reasonably  performing  the  duties  of  his
office, grade, rank, or rating.

The  Informal  Physical  Evaluation  Board  (IPEB)  found  him  unfit   and
recommended discharge with 10 percent severance pay on 27 February 2008.

________________________________________________________________

AIR FORCE EVALUATION:

AFRC/SGP  recommends  partial  approval.   SGP  states  the  applicant  was
activated in support of Operation Iraqi Freedom in October 2005.  Following
activation, he partially tore his right Achilles tendon on 14 October 2005.
 On 30 March 2006,  an  informal  line  of  duty  (LOD)  determination  was
accomplished and his condition was found to be in the line of duty  (ILOD).
As a result of the heavy cast he was required to wear during the  treatment
and recovery of his injuries he  developed  a  herniated  disc  with  nerve
impingement  and  bulging  disc.   On  23  June  2007,  a  formal  LOD  was
accomplished and found  the  condition  existed  prior  to  service/service
aggravated.  He was kept on medical continuation orders from 21  June  2006
to 3 September 2006.  He was released from these orders  due  to  the  fact
that he was cleared by his neurosurgeon to return to civilian employment as
a police officer.  He was scheduled to follow  up  with  his  primary  care
manager to revise  his  profile  and  return  to  military  duty.   He  was
deactivated on 2 October 2006 and subsequently suffered a relapse  of  back
pain on 12 October 2006.  This relapse  occurred  after  his  release  from
orders resulting in his medical qualification for continued  military  duty
to be questioned.  On follow-up exam with his PCM he was continued on a "4”
profile.

Upon completion of the formal LOD for his back injury he was submitted  for
disability evaluation system (DES) processing.   On  31  January  2008  DES
processing was completed with the finding of discharge with  severance  pay
effective 27 February 2008.  A Reserve  component  member  on  active  duty
under a call or order to active duty specifying a  period  of  31  days  or
more, who incurs or aggravates an injury, illness, or disease  in  the  LOD
shall, with the members consent,  be  continued  on  active-duty  upon  the
expiration of call or order to active duty until the member  is  determined
fit for duty or the member is separated or retired as a  result  of  a  DES
System determination.  However, IAW with HQ USAF/RE Memorandum, airmen with
ILOD conditions who are issued a participation waiver are  considered  able
to perform military duties and are not  entitled  to  medical  continuation
orders or full pay and  allowances.   However,  they  may  be  entitled  to
incapacitation pay if they incur a loss of civilian wages as  a  result  of
the LOD condition.  SGP finds that during the period following release from
active duty orders in October 2006 until completion of  DES  processing  in
January 2008, he would have been a candidate for the  participation  waiver
and therefore not eligible for medical continuation  orders.   However,  he
would have been eligible to complete all IDT and annual tours  during  this
period and therefore eligible for missed pay and points  for  this  period.
Additionally, he would have been eligible for incapacitation  pay  for  any
periods that a loss of civilian income could be demonstrated.

The complete SGP evaluation is at Exhibit B.

AFRC/A1B recommends partial approval.  A1B states the applicant suffered  a
service aggravated back issue related to a previous Achilles tendon injury.
 He was placed on medical continuation orders until  3  September  2006  at
which time he was  cleared  by  his  neurosurgeon  to  return  to  civilian
employment.  Following deactivation  on  2  October  2006,  he  suffered  a
relapse of back  pain  on  12  October  2006.   On  31  January  2008,  DES
processing was completed with the finding of discharge with  severance  pay
to be effective 27 February 2008.  His request for back  pay,  points,  and
allowances is based upon the premise of medical continuation orders between
deactivation and discharge.  SGP has reviewed his medical records and finds
that during the period between deactivation and discharge,  he  would  have
been a candidate for the participation waiver and thereby not eligible  for
medical continuation orders.  As such,  he  would  have  been  eligible  to
complete all inactive duty training (IDT)  and  annual  tours  during  this
period.  It is  upon  this  recommendation  that  his  military  record  be
corrected  to  reflect  service  points  for  the  time   he   was   denied
participation, 3  October  2006  through  27 February  2008.   In  addition
although he states he returned to civilian employment, he may  be  entitled
to incapacitation pay if a loss of the wages was incurred as  a  result  of
the “line of duty” condition.

The complete A1B evaluation, with attachments, is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he was never issued  a  participation  waiver  and  no
attempt was made by his unit to continue his  active  tour.   In  September
2006, the person in charge of issuing the  MPA  orders  stated  his  orders
would not be extended past October of 2006.  He was not separated until  27
February 2008.  It is his understanding that he should be entitled to  back
pay and allowances from the period of 6 October 2006 to 27  February  2008,
not as a reserve member but as an active service member.

His complete response, with attachments, is at Exhibit C.

________________________________________________________________

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 some corrective action.  The
applicant requests he be placed on medical continuation orders, he receive
back pay and allowances and be credited with points for the period
retroactive to 6 October 2006.  After a thorough review of the evidence of
record and the applicant's submission, we believe partial relief is
warranted.  In this respect, according to the subject matter experts, after
their review of the applicant's medical records, it appears that he would
have been a candidate for a participation waiver during the period in
question.  As such, he was not entitled to medical continuation orders but
was eligible to complete inactive duty training and active duty tours.  We
took note of the applicant's assertions that he should have remained on
active duty orders; however, we do not find his argument sufficiently
persuasive to override the rationale provided by the offices of primary
responsibility.  Therefore, in view of the foregoing, we recommend 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:

      a.  He be awarded an additional 8  non-paid  inactive  duty  training
(IDT)   points,   and   14   Active   Duty   for   Training   Points    for
Retention/Retirement (R/R) year  27  November  2005  to  26 November  2006,
resulting in 318 total points and one year of satisfactory Federal  service
for retirement.

      b.  He be awarded an additional 48 non-paid  inactive  duty  training
(IDT) points,  and  14  Active  Duty  for  Training  Points  for  R/R  year
27 November 2006 to 26 November 2007, resulting in 77 total points and  one
year of satisfactory Federal service for retirement.


      c.  He be awarded an  additional  4  membership  points,  12 non-paid
inactive duty training (IDT) points for R/R year  27 November  2007  to  26
November 2008.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2008-
00282 in Executive Session on 17 June 2008, under the provisions of AFI 36-
2603:

                 Mr.  Jay H. Jordan, Panel Chair
            Mr.  Grover L. Dunn, Member
            Ms.  Barbara J. Barger, Member


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

    Exhibit A.  DD Form 149, dated 28 December 2007, w/atchs.
    Exhibit B.  Applicant's Master Available Personnel Records.
    Exhibit C.  Letter, HQ AFRC/SGP, dated 19 February 2008.
    Exhibit D.  Letter, HQ AFRC/A1B, dated 3 April 2008.
    Exhibit E.  Letter, SAF/MRBR, dated 11 April 2008.
    Exhibit F.  Letter, Applicant, dated 14 April 2008.




                                             JAY H. JORDAN
                 Panel Chair

AFBCMR BC-2008-00282






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:

          a.  He be awarded an additional 8 non-paid inactive duty training
(IDT) points, and 14 Active Duty for Training Points for
Retention/Retirement (R/R) year 27 November 2005 to 26 November 2006,
resulting in 318 total points and one year of satisfactory Federal service
for retirement.

          b.  He be awarded an additional 48 non-paid inactive duty
training (IDT) points, and 14 Active Duty for Training Points for R/R year
27 November 2006 to 26 November 2007, resulting in 77 total points and one
year of satisfactory Federal service for retirement.


          c.  He be awarded an additional 4 membership points, 12 non-paid
inactive duty training (IDT) points for R/R year 27 November 2007 to 26
November 2008.









                                                             JOE G.
      LINEBERGER
                                                             Director
                                                             Air Force
      Review Board Agency