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AF | BCMR | CY2008 | BC-2008-00628
Original file (BC-2008-00628.doc) Auto-classification: Denied

                            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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