RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04612
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
She be entitled to medical continuation on extended active duty
(EAD) from 1 October 2009 through 19 November 2010.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
She should have remained on EAD due to a Line of Duty (LOD)
injury. She has unjustifiably lost pay and benefits as a result
of her illness; have had to pay out-of-pocket insurance co-pays;
has loss of income, and was unable to pay for necessary
therapeutic treatment.
In support of her appeal, the applicant provides a copy of her
EAD orders, Special Order (SO) R-J000025 for the period
16 Dec 08 30 Sep 09 and R-J000018, for the period 19 Nov 10
24 Jan 11; a copy of the LOD determinations from the National
Guard Bureau (NGB) and her unit; a copy of letters from her
physicians and other supporting documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Based on the available evidence, the applicant, a member of the
Air National Guard (ANG) was placed on EAD orders for the period
16 Dec 08 30 Sep 09, in support of Operation IRAQI FREEDOM.
The applicant was released from EAD on 30 Sep 09.
A LOD determination was completed by the applicants unit on
9 Aug 10 and forwarded to NGB. On 18 Nov 10, NGB completed
their findings and at that time, the applicant was placed on EAD
orders pending resolution of a medical issue, from 19 Nov 10
24 Jan 11.
________________________________________________________________
THE AIR FORCE EVALUATION:
NGB/A1PS recommends approval, stating, in part, subsequent to
their initial determination, the applicant provided a line of
duty determination (AF IMT 348) with her original BCMR
application and has now provided documentation from the medical
group confirming that she was mentally incapacitated on 9 Nov 09
and unable to perform any military duty. As such, the applicant
qualifies for Return to Active Duty and Medical Continuation
under current SAF policy and DoDI 1241.02, effective 9 Nov 09.
The application states there are out-of-pocket insurance co-pays
but no supporting documentation was included in the AFBCMR
request. If the AFBCMR grants relief and returns the member to
AD as of 9 Nov 09, member will then be able to claim
unreimbursed medical expenses from that date forward from
TRICARE.
The complete NGB/A1PS evaluations, with attachments, are at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 8 Apr 11 for review and comment within 30 days. As
of this date, no response has been received by this office
(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 warranting
corrective action. We took notice of the applicant's complete
submission in judging the merits of the case. It appears the
National Guard Bureau (NGB) office of primary responsibility
after reviewing the additional documentation presented by the
applicant, made a determination to give the applicant partial
relief. In this respect, we note that the recommendation from
NGB appears to be based on the applicant becoming mentally
incapacitated on or about 9 November 2009. Notwithstanding
this, while we note NGBs opinion and recommendation, we agree
that the applicants previous medical condition and procedures,
while on EAD, led to this incapacitation and that it is our
opinion that she should have remained on active duty until her
condition had been fully resolved. Therefore, we believe that
any doubt should be resolved in the applicants favor and that
she should not have been released from active duty until 19
November 2010. We believe correcting the records in this manner
provides the applicant full and fitting relief. Accordingly, we
recommend the applicants record be corrected to the extent
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 was
not released from extended active duty on 30 September 2009,
but, was continued until 19 November 2010.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-04612 in Executive Session on 23 August 2011,
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Dec 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/A1PS, dated 29 Mar 11, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 8 Apr 11.
Panel Chair
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