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AF | BCMR | CY2011 | BC-2010-01557
Original file (BC-2010-01557.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-01557

                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She receive pay  and  allowance  benefits  for  the  period  she  was  being
processed through the Disability Evaluation System (DES).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Based on Air Force policy, she should have  been  retained  on  active  duty
orders until she was either released from profile restrictions or  processed
through the DES.

In support of her appeal, the applicant provides a statement  and  documents
extracted from her military personnel records.

The application’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, while serving in the Air Force Reserves, underwent a  Medical
Evaluation Board (MEB) on 23 Feb 10 for a  variety  of  medical  conditions.
On 6 Apr 10,  the  Informal  Physical  Evaluation  Board  (IPEB)  found  the
applicant unfit for all her medical conditions except  tinnitus.   The  IPEB
recommended placement on the Temporary Disability Retired List  (TDRL)  with
a disability rating of 80 percent effective 24 Jun 10.   On  15 Apr 10,  she
concurred with the findings and recommendation of the IPEB.  On 23  Jun  10,
she was relieved from active duty and placed on the TDRL on 24 Jun  10  with
a compensable disability rating of 80 percent.

The remaining relevant facts pertaining to this application  are  contained
in the letters prepared by the appropriate offices of the Air Force,  which
are attached at Exhibits C and D.

_________________________________________________________________

AIR FORCE EVALUATION:

AFRC/SGP recommends the applicant’s request for pay and  allowance  benefits
for the period she was processed through the DES be addressed by  AFMOA  and
AF/A1.

The complete AFRC/SGP evaluation is at Exhibit C.

The AFBCMR Medical Consultant recommends the record be  changed  to  reflect
the applicant was placed on active  duty  orders  effective  1  Nov  09  and
remained so until placed on the TDRL with an 80  percent  disability  rating
effective 24 Jun 10.

The applicant had been placed on  several  profiles,  at  times  restricting
worldwide  qualification  and  other   times   not   prohibiting   worldwide
qualification.  In 2005, there was discussion of a possible MEB  related  to
her knee  and  shoulder  ailments;  for  which  she  have  been  on  profile
restrictions for at least  12  months,  but  was  followed  by  an  apparent
deployment in 2006  demonstrating  fitness  to  serve;  notwithstanding  the
numerous post-deployment medical complaints  reported  on  1  Apr  06.   The
Medical Consultant states the applicant underwent an MEB on 23  Feb  10  and
was found unfit and placed on the TDRL.  The retrospective analysis of  this
case,  which   included   the   profile   reports,   fluctuating   worldwide
qualification, intervening continuation waivers,  indicates  the  denial  of
reinstatement of the  waiver,  upon  expiration  of  the  applicant’s  final
waiver, was a definitive indicator the applicant’s   fitness  to  serve  was
under serious review.

The complete AFBCMR Medical Consultant’s evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states  that  in  light  of  the  BCMR  Medical  Consultant’s
recommendation to change her record, she reiterates her request to  receive
pay and allowances/entitlements that are authorized with  being  on  active
duty.

The applicant’s complete response is at Exhibit F.

_________________________________________________________________

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 relief.  We took  notice  of  the
applicant's complete submission in judging  the  merits  of  the  case.   We
concur with the recommendation of the AFBCMR  Medical  Consultant  that  the
record should be changed to reflect the applicant was  continued  on  active
duty orders effective 1 Nov 09 and on 24 Jun  10,  she  was  placed  on  the
Temporary Disability Retired List  with  a  80  percent  disability  rating.
Therefore, we recommend her records 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 she was not released from active  duty  on
30 Sep 09, but was continued on active duty orders effective 1  Nov  09  and
on 24 Jun 10, she was placed on the Temporary Disability Retired  List  with
a 80 percent disability rating.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2010-
01557 in Executive Session on 27 Apr 11, under the  provisions  of  AFI  36-
2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 20 Apr 10, w/atchs.
      Exhibit B. Applicant’s Military Personnel Records.
      Exhibit C. Letter, AFRC/SGP, dated 9 Aug 10.
      Exhibit D. Letter, SAF/MRBR, dated 23 Dec 10.
      Exhibit E. Letter, AFBCMR Medical Consultant, dated
                       11 Mar 11.
      Exhibit F. Letter, SAF/MRBR, dated 21 Mar 11.
      Exhibit G. Letter, Applicant, dated 25 Mar 11.





                             Panel Chair

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