RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03937 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be granted full compensation with corresponding points 
beginning 30 December 2006 to 7 September 2007. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. On 13 January 2007, he was unjustly discharged while on a 
Profile 4 status. 

 

2. He has been subjected to the injustices, insults, 
maltreatments, harassments, and denial of pay through conscious 
acts or omission and all sorts of abuse willfully committed by 
his superiors. 

 

3. The vengeful, bias, and malicious actions of his superiors 
caused gross psychological harm, gross injustice with resounding 
bigotry, prejudice, and hatred that resulted in intimidation and 
humiliation. 

 

4. His superiors committed fraud and waste by denying him proper 
authorization for continued medical care and abusing their 
official authority and power as commissioned officers by hiding 
behind their ranks and grades to justify their malicious motives 
and used that as a means of punishment to him while he was on a 
Profile 4 status. 

 

5. Pertinent information was intentionally withheld at pre-Unit 
Training Assemblies (UTAs) meetings, unit formations and 
commander’s call, although he and the first sergeant prepared 
all the materials for the commander. 

 

6. During the period 1 October 2006 to 29 December 2006, he was 
placed on a Profile 4 status and on 90-day Military Personnel 
Appropriation (MPA) medical orders. 

 

In support of his request, the applicant provides a 22-page 
narrative with attachments. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 


 

STATEMENT OF FACTS: 

 

Data extracted from the Military Personnel Data System (MilPDS) 
indicates the applicant initially entered uniformed service on 
1 February 1974. 

 

He was partially mobilized from 13 February 2004 to 9 March 2005 
in support of Operations NOBLE EAGLE and ENDURING FREEDOM. He 
served in support of these Operations during the following 
periods: 3 February 2001 to 4 January 2002; 15 October 2001 to 
18 November 2001; 7 January 2002 to 15 February 2002 and 
10 March 2005 to 30 September 2006. 

 

On 18 August 2006, the applicant was notified that it was his 
last official day as a first sergeant. The reason for this 
action was he refused to take a voluntary demotion which would 
have qualified him for a position in the squadron. 

 

On 30 December 2006, the applicant was placed on a “4T” not 
worldwide qualified profile, with an expiration date of 
1 Apr 2007. 

 

The record reflects the applicant had a previous “2T” worldwide 
qualified profile which was subsequently changed back to a “4T” 
not worldwide qualified, effective 8 June 2007. However, there 
is no documentation covering the period 2 April 2007 to 
7 June 2007, but the most recent profile documentation supplied, 
reflects he had been in a “2” profile status for his upper 
extremities. 

 

In addition, the only other profile documentation supplied was 
initiated on 8 June 2007, with an expiration date of 
7 September 2007. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ AFRC/SGP states no further waivers were requested or granted 
during the period the applicant has requested compensation. 

 

The applicant incurred bilateral epicondylitis while on active 
duty orders from 1 October 2005 to 30 September 2006. He was 
continued on medical continuation orders from 1 October 2006 to 
29 December 2006 during which time he underwent surgery. The 
applicant was profiled unfit for military duty “U4T” for the 
period requested. Additionally, an Informal Line of Duty (ILOD) 
determination was accomplished and found the condition “in the 
line of duty.” 

 

During the period 12 January 2007 to 12 April 2007, the 
applicant was granted a participation waiver. In accordance 
with (IAW) the 18 December 2006, HQ USAF/RE memorandum, change 


to AFMAN 36-8001, Reserve Personnel Participation and Training 
Procedures, in effect at the time, members granted such a waiver 
are deemed able to perform military duty and thus not eligible 
for medical continuation orders. 

 

Further, no request for medical continuation orders or revoking 
of the participation waiver was received by HQ ARPC/SGP for the 
second elbow surgery on 7 February 2007. Another request for 
medical continuation orders was made on 18 May 2007, by which 
time the applicant was considered a good candidate for the 
participation waiver. 

 

The complete SPG evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

By letter dated 12 February 2011, the applicant states he wants 
to reinstate his claim for all pay and allowance entitlements as 
follows earned between December 2006 and September 2007: 

 

a. Full base pay for master sergeant at the 26-year rate. 
b. Full basic allowance for housing at the zip code 94014 rate. 
c. Full per diem at the 2007 rates, approximately $41 per day. 
d. Full family separation pay at the 2007 rates, approximately 
$250/$275. 
e. Full separate rations pay at the 2007 rates, approximately 
$7.50 per day. 
f. Full vacation days earned, cashed in and added on to the 
tally. 


 

By undated letter, the applicant states he claimed pay and 
allowance benefits for the majority of the periods between 
30 December 2006 and 7 September 2007, but not the entire time 
as implied. In his report, he excluded 8 June 2007 to 8 July 
2007 and apologizes because he forgot to mention and include the 
days his superiors “forced” him to report for UTAs. During 
these weekends, he was threatened with being absent without 
leave (AWOL), if he did not report, even though his superiors 
knew he was still on a U4T profile. 

 

IAW DODI 1241.2, Reserve Incapacitation System Management, 
members who are rendered unfit by a condition incurred in the 
line of duty while in status for 31 days or more are to be 
continued on active duty orders until found fit or separated via 
the disability evaluation system” this never happened. The 
denial of the DODI ruling is what triggered the whole 
Congressional Inquiry. Their prejudicial behavior was merely a 
veneer but in reality an astute “payback” on behalf of Technical 
Sergeant H. 

 

DODI 1241.2 and 1241.01 are the same exact rules they knowingly 
and intentionally violated and outwardly disobeyed. As a 


result, he was denied medical continuation orders despite all 
the right medical reasons and documentation. 

 

His attending physician Dr. (Lieutenant Colonel) T. declared him 
NOT fit for duty and that he was NOT worldwide qualified until 
he was OFFICIALLY MEDICALLY declared and found him to be “Fit 
for duty” and that happened only on 7 September 2007.” This 
petition is not about whether Colonel G’s little guess work has 
proved anything based on his assumptions and usage of 
terminology such as “deemed” and “waiver.” Bottom line, you 
cannot substitute those words and try to squeeze it in to change 
the big picture and total outcome. 

 

He was treated with contempt, and became a victim of injustice 
and his superiors need to be reprimanded and punished for the 
crimes they perpetrated and skillfully crafted together against 
him. 

 

The applicant’s complete submission, is at Exhibit E. 

 

_________________________________________________________________ 

 

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 
partial relief. In this respect, we note the applicant was on 
active duty orders in support of Operation ENDURING FREEDOM and 
Operation NOBLE EAGLE and was diagnosed with a medical injury. 
Subsequently, the injury was found to be In the Line of Duty 
(ILOD). However, contrary to established guidance dictating 
that he remain on active duty status until processed through the 
disability evaluation system, it appears he was released from 
active duty without due process. Although the applicant 
requests full compensation with corresponding points beginning 
30 December 2006 to 7 September 2007, we note his AF Form 422 
dated 8 June 2007 reflects his previous profile as “2” which 
would indicate he was worldwide qualified and therefore could 
not have been on medical continuation orders. Therefore, based 
on the available evidence, we recommend his records be corrected 
to reflect he was on medical continuation orders for the periods 
30 December 2006 to 1 April 2007 and 8 June 2007 to 7 September 
2007. Therefore in the interest of equity and justice, we 
recommend his record be corrected to the extent indicated below. 

 


4. The applicant alleges he has been the victim of reprisal and 
has not been afforded full protection under the Whistleblower 
Protection Act (10 USC 1034). Based upon our own independent 
review, we have determined the applicant has not established 
that the reason he was denied medical continuation orders was 
motivated by retaliation for making protected communications. 
We also find no evidence he filed a reprisal complaint with the 
Inspector General as required when reprisal is alleged. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that: 

 

 a. He was not released from active duty on 30 December 2006, 
but on that date he continued to serve on active duty until 
1 April 2007. 

 

 b. He was not released from active duty on 8 June 2007, but 
on that date he continued to serve on active duty until 
7 September 2007. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-03937 in Executive Session on 18 August 2011, 
under the provisions of AFI 36-2603: 

 

 Panel Chair 

Member 

 Member 

 

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

 

 Exhibit A. DD Form 149, dated 10 October 2010, 

 w/atchs. 

 Exhibit B. Applicant’s Master Personnel Record. 

 Exhibit C. AFRC/SGP, Letter, dated 21 December 2010. 

 Exhibit D. SAF/MRBR, Letter, dated 14 January 2011. 

 Exhibit E. Applicant’s Rebuttal, Letter, undated, 

 w/atchs. 

 

 

 

 

 

 Panel Chair