RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00628
INDEX NUMBER: 145.00
xxxxxxxxxxxx COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records reflect he was on active duty status or on active duty for
training for the period of 2 Nov 02 through 2 Jan 03.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His unit should have placed him on active duty status so he could receive
proper health care. It took his unit 1 year and 4 months to render a
finding of "EPTS - LOD not applicable." It took him another 2 years and 7
months to overturn the decision to "in line of duty." The Department of
Veterans Affairs (DVA) will not accept his claim because he was not on
active duty or on active duty for training orders.
In support of his request, the applicant provides copies of documents
relating to his Line of Duty (LOD) determination and a copy of his Leave
and Earning Statement reflecting incapacitation pay.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The Military Personnel Data System (MilPDS) reflects the applicant is a
participating Reservist serving in the grade of master sergeant, having
assumed that grade effective and with a date of rank of 1 Nov 94. He
performs duties as an aerospace maintenance technician. MilPDS reflects
the applicant has 32 years and 22 days of satisfactory Federal service.
The remaining relevant facts pertaining to this application, extracted from
the applicant's military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFRC/A1BB recommends denial. A1BB states the applicant was paid and
awarded eight inactive duty training (IDT) points for the scheduled UTA
periods of 2-3 Nov 02 and can not be compensated twice for the same period
of time. The applicant also received incapacitation pay for the period 4
Nov 02 through 2 Jan 03. Point credit, however, is not an authorized
entitlement associated with incapacitation pay. The AFRC/A1BB evaluation
is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states he is not asking for active duty points or that the
government reimburse him for medical expenses. He is asking to be placed
on active duty status for the period of 4 Nov 02 through 2 Jan 03 so the
DVA can process his claim for disability. The applicant's complete letter
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 not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. The applicant requests his record reflect
he was on active duty status during the period 2 Nov 02 through 3 Jan 03.
However, as noted by the Air Force office of primary responsibility, he was
awarded IDT points for a portion of the period and received incapacitation
pay for the remainder of the period. It appears that in accordance with
DoD guidance, he cannot be awarded active duty credit during the same
period. Therefore, we are in agreement with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its rationale
as the basis for our conclusion that the applicant has not been the victim
of an error or injustice. In the absence of persuasive evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of material error or injustice; that the application was
denied without a personal appearance; and that the application will only be
reconsidered upon the submission of newly discovered relevant evidence not
considered with this application.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2008-00628
in Executive Session on 28 August 2008, under the provisions of AFI 36-
2603:
Mr. Wallace F. Beard, Jr., Chair
Ms. Dee R. Reardon, Member
Ms. Karen A Holloman, Member
The following documentary evidence pertaining to Docket Number BC-2008-
00628 was considered:
Exhibit A. DD Form 149, dated 14 Feb 08, w/atchs.
Exhibit B. Letter, AFRC/A1BB, dated 27 May 08.
Exhibit C. Letter, SAF/MRBR, dated 11 Jun 08.
Exhibit D. Letter, Applicant, dated 26 Jun 08.
WALLACE F. BEARD, JR.
Panel Chair
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