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AF | BCMR | CY2010 | BC-2010-03938
Original file (BC-2010-03938.txt) Auto-classification: Denied
 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 applicant’s 
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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