RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02352
COUNSEL: NONE
HEARING DESIRED: YES
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APPLICANT REQUESTS THAT:
She receive pay and points for the period Dec 10 through Nov 12.
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APPLICANT CONTENDS THAT:
She was incorrectly assigned to a no-pay, no-points category from Dec 10 through Nov 12 through no fault of her own. Her medical facility failed to provide the proper documentation to the Air Force Reserve Command (AFRC) medical board, causing her referral to a Formal Physical Evaluation Board (FPEB). The FPEB found she was fit during this period. If the proper documentation had been provided in a timely manner, she would have been authorized to participate during the full period.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
The applicant served in the Air Force Reserve in grade of Captain during the period in question.
On 12 Feb 11, the applicant received a referral Officer Performance Report (OPR) for failing to maintain Air Force physical fitness standards. Her commander entered the following statement in Block XI: failed to pass the running portion of the PFT and has not retested as required by AFI 36-2905 thus leading to a rating of does not meet standards.
According to the documentation submitted by the applicant:
1. On 17 Oct 12, a FPEB meeting at AFPC determined the applicant has degenerative low back disease, but found her fit for duty.
2. On 7 Nov 12, AFRC/SGPA directed the applicant be placed on Assignment Availability Code (AAC) C3 (Non-deployable assignment limited to specific CONUS installations based on medical needs) indefinitely, and restricted her to participation in unit training assemblies (UTAs) and annual tours (ATs) at home station only, adding that she may not perform mandays, attend formal schools, or occupy a mobility position.
The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
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AIR FORCE EVALUATION:
AFRC/A1K recommends denial, indicating there is no evidence of an error or injustice. In accordance with (IAW) AFI 36-2254V1, Reserve Personnel Participation, in order to be considered medically qualified to participate in any pay or point gaining activity, a Reservist must meet the medical standards in AFI 48-123, Medical Examinations and Standards, Volume I, and the applicable Reserve medical guidance to be considered medically qualified to participate in any pay or point gaining activity. AFI 36-2254V1 also states personnel with disqualifying condition(s) will not be allowed to participate for pay or points until the disqualifying condition has been removed or an approved waiver is received from AFRC/SG. Per the memo provided by the applicant, HQ AFRC/SGPA determined she was physically fit for continued AF Reserve military duty on 7 Nov 12. There is no documentation to support the members claim she would have been able to participate during the no-points, no-pay period.
A complete copy of the AFRC/A1K evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 14 Aug 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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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 an error or injustice. We took notice of the applicants complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. While the Board notes the applicants contention an error by her units medical facility caused an unnecessary FPEB, she provided no documentation establishing that such an error occurred, and the ensuing FPEB identified a significant medical condition which severely restricted the conditions of her service. The Board sees no evidence the applicant should have continued serving prior to completion of the medical evaluation process. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief.
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.
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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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-02352 in Executive Session on 6 Mar 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-02352 was considered:
Exhibit A. DD Form 149, dated 5 May 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFRC/A1K, dated 15 Jul 13.
Exhibit D. Letter, SAF/MRBR, dated 14 Aug 13.
Panel Chair
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