RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-02196
INDEX CODE: 135.03
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to show her on Active Duty (AD) status from 11 May
07 through 31 Jul 07 and that she receive retroactive pay, points, all
entitlements and benefits for this period of time.
The applicant also requested restoration of six days of leave; however; she
was retired from military service on 1 Oct 08 and rescinds this request.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 29 Mar 04, she was diagnosed with a medical condition, placed on AD
orders and entered into the Disability Evaluation System while undergoing
medical treatment. Her case was referred to the Medical Evaluation Board
(MEB) when her AD orders were terminated. As of 11 Jul 08, her MEB case
was still pending adjudication.
She was removed from AD orders in support of “Operation IRAQI FREEDOM” and
placed on medical continuation orders on 30 Sep 06 for medical conditions
incurred while in military status and determined to be in Line of Duty
(LOD). On 10 May 07, the orders were revoked. At that time, she was
receiving treatment for service-connected medical conditions determined to
have been incurred in LOD and had not yet reached maximum medical
improvement for release from medical care. She was erroneously placed on
“no pay/no points” orders for the period of 10 May 07 through 31 Jul 07 for
the purpose of receiving medical care.
In support of her application, the applicant submits a memorandum from the
Chief Aerospace Medicine Commander, AD orders for period of Mar 04 through
May 07, and a medical board interview.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Military Pay Data System (MilPDS) indicates
the applicant was retired in the grade of CMSgt on 2 Nov 08. She will be
eligible for Reserve retired pay in the year 2016.
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 C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFRC/A1BB recommends approval of active duty pay and points for the
period of 27 May 07 through 31 Jul 07.
A1BB states the applicant was on active duty orders for the period of 15
Oct 04 through 30 Sep 05. She was diagnosed with papillary thyroid cancer
in 1991 while in Reserve status and had a relapse while in active duty
status 11 Apr 05. A LOD was initiated on 6 Mar 07 and approved on 12 Jun
07. An MEB was initiated in Nov 07 and was forwarded to a Formal physical
Evaluation Board (FPEB) on 21 Jul 08 for final determination.
If an airman incurs a disability in the line of duty while on an Extended
Active Duty (EAD) tour, they are not involuntarily released from those
orders until the medical condition is resolved, or the condition cannot be
improved and the case has completed Disability Evaluation System
processing. The applicant was placed on a “4T” participation waiver on 5
May 07 which was subsequently revoked by HQ AFRC/SG on 20 Jul 07 due to her
deteriorating medical condition. The applicant’s pay history indicates her
active duty status was interrupted on 26 May 07; however, on 1 Aug 07, she
was placed back on continuous active duty orders.
A1BB notes the pay and points for this period of time should be exclusive
of the pay and points already received during this period of time.
The complete A1BB evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In her rebuttal dated 26 Aug 08, the applicant requested the pay status
codes for 12-29 May 07; 29 May 07 to 05 Jun 07; 12-14 Jun 07; and 18 Jun
07, be corrected to reflect continuous Active Duty Pay and Points to cover
12 May 07 through 31 Jul 07.
Applicant’s complete submission 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 timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After reviewing the applicant’s
submission and the evidence of record, we are persuaded that some relief is
warranted. With respect to the applicant’s request, we note that the
appropriate Air Force office of primary responsibility has verified her
period of pay and points as 27 May 07 through 31 Jul 07 and confirmed that
an additional 64 paid points are required to establish a satisfactory year
for the period of 28 Jul 06 to 27 Jul 07. Therefore, we conclude that
applicant's records should 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 be awarded an additional 64 paid
active duty points for retention/retirement year 28 July 2006 to 27 July
2007
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 17 December 2008, under the provisions of AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Mr. Jeffrey R. Shelton, Member
Ms. Karen A. Holloman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Jun 08, w/atchs.
Exhibit B. Letter, HQ AFRC/A1BB, dated 12 Aug 08, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 22 Aug 08.
Exhibit D. Letter, Applicant, dated 26 Aug 08, w/atchs.
JAMES W. RUSSELL III
Panel Chair
AFBCMR BC-2008-02196
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 APPLICANT, be corrected to show that she be awarded an
additional 64 paid active duty points for retention/retirement year 28
July 2006 to 27 July 2007.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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