RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01466
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

She be credited with pay and points for four (4) Unit Training 
Assembly (UTA) weekends between Aug and Nov 2011. 

________________________________________________________________

APPLICANT CONTENDS THAT:

Coming off of active duty, she tried to do what she thought was 
correct by turning in all of her medical documentation.  

She was misdiagnosed with a heart condition and it took four 
months to get the medical documents to the medical group which 
was entirely too long and she lost points and pay.  

She was not made aware that she had been placed in a “no pay no 
points” status.  

The regulation is not cited on the AF Form 469, Duty Limiting 
Condition Report and it should have been; nor was the form 
signed, and Block 31 is not annotated which brings the validity 
of the form in question. 

In support of her appeal, the applicant provides copies of the 
unsigned DD Form 469, dated 10 Nov 11; email correspondence; 
medical diagnosis from her civilian provider, and various other 
documents.

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

________________________________________________________________

STATEMENT OF FACTS:

During the Retention/Retirement (R/R) Year 1 Nov 10 – 31 Oct 
11 the applicant was credited with 85 retirement points; during 
her R/R Year 1 Nov 11 – 31 Oct 12, the applicant was credited 
with 80 retirement points and both R/R years were satisfactory 
years of service.  

________________________________________________________________

AIR FORCE EVALUATION:

AFRC/A1K recommends denial, stating, in part, that the 
applicant's case file reflects that she was denied a 
participation waiver by the AFRC/SG staff for the period of time 
in question.  The denial of participation is within the purview 
of authority for AFRC/SG (reference AFI36-2254, Volume I, 
Reserve Personnel Participation, paragraph 1.6.2).  Thus, absent 
a change in position on this matter from the AFRC/SG staff that 
authorizes the applicant to participate for pay and points 
during Aug 11 to Nov 11 (4 UTAs), A1K has no basis for 
supporting the applicant's request.  Instead, the concerns all 
appear to be medically related and as such, possibly could be 
more appropriately addressed by a medical authoritative source 
(AFRC/SG staff).

The complete A1K evaluation is at Exhibit B.

AFRC/SG recommends denial, stating, in part, in accordance with 
(IAW) AFI 48-123, Medical Examinations and Standards, all 
applicable AFIs were followed by the Reserve medical unit and 
AFRC/SG.  No injustice has occurred and no relief is necessary.

On 15 Mar 13, the applicant was denied a participation waiver by 
AFRC/SG.  Medical records submitted indicate that it was not 
medically safe for her to participate nor was it in the best 
interest of the United States Air Force for her to engage in 
military duties during her post-operative period.  In fact, the 
participation waiver should have been denied at the local level 
by the Aerospace Medicine Squadron (AMDS) physician, based on 
her records.  Her case was adjudicated identically to others 
with similar medical conditions forwarded to AFRC/SG for review.

IAW AFI 36-2254 VI, Reserve Participation 1.6.3.: A member 
identified as having a potentially disqualifying condition in 
accordance with AFI 48-123, attachment 2 notated on an AF Form 
469 by any Air Reserve Component (ARC) or AD medical squadron 
will not be allowed to participate in any pay or point gaining 
activity until the disqualifying condition has been removed or 
an approved waiver is received from AFRC/SG in accordance with 
AFI 48-123.  Any Inactive Duty Training (IDT) which is missed 
due to this medical limitation will be considered excused.  
Member will be excused from any type of military duty 
requirements until the profile has been finalized by AFRC/SGP or 
removed.

When the applicant recovers to the point that she meets AFI 48-
123 standards and has been cleared for military duties by the 
medical squadron physician, she may again participate.

The complete SG evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant notes that she was cleared to participate in 
military duty by the AMDS and the request was withdrawn by 
AFRC/SG.  The concern she has with the entire process was that 
the formal AF Form 469 was not signed by her commander thus not 
making the document valid.  She was further not informed of the 
issues in a timely manner.

The applicant’s complete response 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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  The applicant 
contends that she should be credited with pay and points for the 
period between August and November 2011.  She provides copies of 
an AF Form 469, which she purports, should have been signed.  
While the form is not signed, the Air Force Reserve Surgeon 
General (AFRC/SG) notes that the applicant was submitted for a 
participation waiver; however, her request was denied.  Further, 
SG notes that her medical records indicates that it was not 
medically safe for her to participate nor was it in the best 
interest of the Air Force for her to engage in military duties 
during this period.  While we cannot determine with any 
certainty the circumstances surrounding the applicant’s non-pay 
status during this period, she has not presented substantial 
evidence to our satisfaction to establish that she has been the 
victim of an error or injustice.  Therefore, based on the 
available evidence of record, we find no basis upon which to 
favorably consider this application.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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 AFBCMR Docket 
Number BC-2013-01466 in Executive Session on 30 Jan 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Mar 13, w/atchs.
    Exhibit B.  Letter, AFRC/A1K, dated 12 Apr 13.
    Exhibit C.  Letter, AFRC/SG, dated 24 Apr 13.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Jun 13.
    Exhibit E.  Letter, Applicant, dated 15 Jun 13.




                                   Panel Chair