RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03938
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She receive pay and points for unit training assemblies (UTAs)
and a 12-day annual tour that she was not able to perform due to
a medical condition that restricted participation in any pay and
point gaining activities.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 9 Jun 10, while performing her annual tour, she was placed on
a medical profile and was not allowed to complete her annual tour
or perform UTAs from Jul Oct 10.
She incurred an illness while on active duty orders over 200
days. She submitted the paperwork to start a Line of Duty (LOD)
determination; however, it was never investigated.
She was removed from active duty orders and her source of income
stopped and she had to exhaust her savings, Thrift Savings Plan
(TSP), and ask for state assistance. When she was removed from
orders she was seeing two medical specialists and her TRICARE
PRIME stopped.
On 12 Oct 10, she was notified that she could participate in Nov
and Dec drills and perform her annual tour, and that she would be
put on orders for all of her medical appointments.
She was on continuous orders from 13 Oct 09 and did not know she
was supposed to stay on those orders until 28 Sep 10.
In support of her request, the applicant provides a personal
statement, and copies of various medical documents and her active
duty orders.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was a member of the Air Force Reserve and was on
active duty orders from 13 Oct 09 to 9 Jun 10.
She also performed intermittent orders with her unit starting
27 Jul 09 until being placed on long term orders on 13 Oct 09.
In Aug 09, the applicant sought evaluation for shortness of
breath, palpitations, and syncope. She was diagnosed with
sarcoidosis in Sep 09, before being placed on long term
continuous active duty orders. The supporting Reserve Medical
Unit (RMU) was not notified of this until Apr 10; therefore, no
LOD determination or profile action was taken prior her being
placed on long term orders.
Additional facts pertaining to this application are contained in
the Air Force evaluations at Exhibit B & C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFRC/SGP reviewed the application, and defers to AFRC/A1K for
eligibility for pay and allowance benefits requested by the
applicant. SGP notes that the untimely notification of the
supporting RMU is the primary reason for the delay in the LOD and
profile initiation.
Upon notification of the condition the RMU appropriately placed
the member on a medical profile as a Code 37 [Code 37 is one of
several Assignment Availability Codes (AAC), e.g., AAC37. It
identifies members who are pending a Medical Evaluation Board
(MEB) or Physical Evaluation Board (PEB) and restricts
reassignment permanent change of station (PCS) or temporary duty
(TDY) until a final medical disposition is determined by the
Medical Treatment Facility] on 18 May 10. This profile
restricted the member from participating in pay and point gaining
activities IAW AFI 36-2254, V1, Reserve Personnel Participation.
At the time the RMU was only notified of the duty status that
began on 13 Oct 09. Due to the fact the onset of her symptoms
and diagnosis pre-dated the 13 Oct 09 orders a LOD was not
required per AFI 36-2910. It was not until Sep 10 that the RMU
was notified that the applicant had been on incremental active
duty from Jul 09 to Oct 09 when the symptoms manifested and the
condition was diagnosed. A LOD was initiated on 29 Sep 10 and is
currently in process with the unit commander for review.
The complete SGP evaluation is at Exhibit B.
AFRC/A1K recommends denial. A1K states the applicant has not
provided the necessary documentation for a determination to be
made on whether or not she does or does not have an entitlement
to the claim in question. However, realizing the applicant may
have elected to not execute a claim, or in the event the
applicant is not familiar with the Incapacitation Pay (Incap pay)
processing procedures, if she elects to do so, may contact her
local servicing Military Personnel Section (MPS) for guidance on
how to complete an application for an INCAP pay claim.
The complete A1K evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 15 Apr 11, copies of the Air Force evaluations were forwarded
to the applicant for review and comment within 30 days. To date,
a response has not been received (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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. The applicants
contentions are duly noted; however, it appears the applicant has
failed to provide the necessary documentation to determine her
entitlement to the relief requested. The applicant has not
provided evidence of actions on her part to obtain the relief she
seeks through the proper administrative channels. The AFBCMR
process is not intended as a substitute for the proper
utilization of established channels, such as the local military
personnel flight for the type of correction she seeks. Until
such time as she has exhausted all available administrative
remedies, we find no basis to recommend granting the relief
requested.
_________________________________________________________________
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-2010-03938 in Executive Session on 21 Jul 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to BC-2010-03938
was considered:
Exhibit A. DD Form 149, dated 17 Oct 10, w/atchs.
Exhibit B. Letter, AFRC/SGP, undated.
Exhibit C. Letter, AFRC/A1K, dated 11 Apr 11, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 15 Apr 11.
Panel Chair
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