RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03231
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
1. She receive 24 days military pay in the total amount of
$5,520.00 for attending medical evaluation board (MEB)
appointments.
2. She be reimbursed $1,216.41 for per diem and travel expenses
for the period 27 Mar 12 through 03 Apr 12.
________________________________________________________________
APPLICANT CONTENDS THAT:
1. She was not paid military pay while attending any of her
appointments related to her Medical Evaluation Boards (MEB).
2. While she received orders for three of her TDYs related to
her MEB processing, she traveled under the verbal orders of her
commander to attend her last MEB appointment during the period
27 Mar 12 through 03 Apr 12, but has yet to receive TDY orders
or travel reimbursement. As a result, she has incurred a debt
to the government travel card.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant served in the Air Force Reserve in the grade of
master sergeant during the matter under review.
According to travel orders provided by the applicant, on 18 Mar
11, she was ordered to travel to Wright Patterson Air Force Base
(AFB), OH on 23 Mar 11 for approximately three days to
participate in a physical evaluation board (PEB).
According to travel orders provided by the applicant, on 02 Nov
11, she was ordered to travel to Lackland AFB, TX on 31 Oct 11
for approximately nine days to undergo a formal Physical
Evaluation Board (PEB).
According to a paid travel voucher summary provided by the
applicant, she was ordered to travel to Wright Patterson AFB, OH
on 23 Jan 12 for a period of three days.
According to the applicants Citibank government card statement,
lodging statement, and airline ticket she traveled to Lackland
AFB, TX from 27 Mar 12 to 03 Apr 12.
According to the applicants point credit accounting report
summary (PCARS), she was not credited with any active service
during the periods described above.
Title 10, United States Code, Section 12301 (h)
(10 USC 12301(h)) provides authority to order a member of the
reserve forces to active duty to receive authorized medical care
or to be medically evaluated for disability or other purposes.
A member ordered to active duty under this authority may, with
the members consent, be retained on active duty for medical
treatment for a condition associated with the evaluation.
On 02 Apr 12, officials with the Office of the Secretary of the
Air Force (SAF) determined the applicant was physically unfit
for continued military service and directed she be discharged
for physical disability with entitlement to severance pay.
However, since the applicant was eligible for reserve
retirement, she elected transfer to the retired reserve to await
retired pay at age 60 in lieu of a discharge with severance pay.
The applicant was transferred to the retired reserve on 27 Jun
12 in the grade of master sergeant (E-7).
________________________________________________________________
AIR FORCE EVALUATION:
AFRC/A1K recommends denial. In accordance with Air Force
Instruction 65-114, Travel-Policy and Procedures for Financial
Services Offices and Finance Offices-Reserve Component, reserve
component (RC) members not already on active duty military
orders may be placed on Invitational Travel Orders (ITO) when
directed by appropriate military medical authority to receive
military/dental care at military treatment facilities for the
purpose of medical/dental appointments. ITOs are designed to
reimburse a member for travel and per diem only, not to
reimburse a member for military pay. The Command is unable to
determine the basis for the member to receive military pay for
the purported travel performed to attend medical appointments.
A complete copy of the AFRC/A1K evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
She has been given poor, bad, and misleading information
throughout the entire medical evaluation process. She disputes
the fact that she was attending routine dental or medical
appointments, but traveling to medical appointments for a MEB.
As a result, she was issued TDY travel orders versus an ITO.
Therefore, she is entitled to military pay and per diem during
all of her MEB and PEB evaluations.
The applicants complete response, with attachments, 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. The
applicant contends that she should have received military pay
and allowances, as well as travel and per diem, while attending
four evaluations associated with her processing through the
disability evaluation system (DES). After a thorough review of
the evidence of record and the applicants complete submission,
we agree. We note the comments of AFRC/A1K indicating that
Invitational Travel Orders were appropriate for the applicants
routine medical/dental care; however, the evidence before us
indicates the applicant was not receiving routine medical care,
but was in fact being processed through the DES to determine
whether or not her service-connected disabilities rendered her
unfit for continued military service. Therefore, in view of the
fact that Title 10, United States Code, Section 12301 (h)
provides authority to order a member of the reserve forces to
active duty to be medically evaluated for disability or other
purposes, and the evidence of record indicates the applicant was
being processed through the DES, we are convinced the applicant
should have been ordered to active duty and sent to the noted
evaluations in a temporary duty (TDY) status. Therefore, we
recommend the applicants records be corrected as indicated
below.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that during
the following periods, she was ordered to active duty in
accordance with Title 10 USC § 12301 (h) from her home of record
and ordered to perform temporary duty (TDY) to the locations
indicated for the purpose of disability evaluation system (DES)
processing:
(a) On 23 Mar 11, through 26 Mar 11 to Wright-Patterson
Air Force Base, Ohio.
(b) On 31 Oct 11, through 04 Nov 11 to Lackland Air Force
Base, Texas.
(c) On 23 Jan 12, through 25 Jan 12 to Wright-Patterson
Air Force Base, Ohio.
(d) On 27 Mar 12, through 03 Apr 12, to Lackland Air Force
Base, Texas.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-03231 in Executive Session on 02 Apr 13, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Jul 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFRC/A1K, dated 05 Dec 12.
Exhibit D. Letter, SAF/MRBR, dated 14 Dec 12.
Exhibit E. Letter, Applicant, dated 29 Dec 12.
Panel Chair
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