RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01227
		 

			COUNSEL:  NONE

			HEARING DESIRED: YES

________________________________________________________________

APPLICANT REQUESTS THAT:

He receive participation pay and retirement points for the 
period of 18 March 2008 through 01 January 2010.  

________________________________________________________________

APPLICANT CONTENDS THAT:

He was administratively prohibited from participating for pay 
and retirement points from 2008 to 2010 while he was undergoing 
a Medical Evaluation Board (MEB) and Physical Evaluation Board 
(PEB).  His time on medical hold was unnecessarily excessive and 
should not have delayed his retirement eligibility by 24 months.  
Additionally, he should have been placed on active duty status 
until the issue was resolved.  

The applicant did not submit any documents in support of his 
request.  

The applicant’s complete submission is at Exhibit A. 

________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in 
the grade of Senior Master Sergeant, E-8.  

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force at Exhibit D.  

________________________________________________________________

AIR FORCE EVALUATION:

AFRC/A1K recommends denial.  A1K states the applicant’s 
categorization of no-pay, no-points and prohibition from 
participating was warranted due to his disqualifying medical 
condition.  Reservist must meet the medical standards outlined 
in AFI 48-123, Medical Examinations and Standards, and 
applicable Reserve medical guidance to be considered medically 
qualified to participate in any pay or point gaining activity.  
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 
in accordance with (IAW) AFI 36-2254V1, Reserve Personnel 
Participation, para 1.6.3.  AFRC/A1K defers to the authoritative 
source regarding the applicability for the applicant to have 
been placed on medical continuation orders.  

The complete AFRC/A1K evaluation is at Exhibit C.

1.  AFRC/SG recommends partial approval pertaining to the 
applicant’s request for Inactive Duty Training (IDT) points for 
the Retention/Retirement (R/R) years noted.  AFRC/SG states the 
applicant was first identified with a disqualifying medical 
condition in 2006.  His fitness for duty case for the diagnosis 
of asthma was received on 6 September 2006.  In March 2008 the 
case was referred  to the Reserve Management Group (RMG), with a 
request for the rest of the case documents as it was still open.  
On 5 November 2008, the completed documents were sent for fast-
track case review.  This process was halted in March 2009 when 
the applicant filed a line of duty (LOD) determination.  On 
9 April 2009, the LOD was found existed  prior to service, line 
of duty not applicable (EPTS-LOD not applicable), as medical 
documents clearly revealed a history of childhood asthma.  On 
3 December 2009, the applicant was granted a participation 
waiver pending completion of his fitness for duty determination.  
On 18 December 2009, the applicant  was returned to duty, with a 
review due in September 2011.  A final update of this case has 
not been received.  

2.  The applicant was disqualified in 2006, but continued to 
actively participate.  A review of his point credit summary 
reveals he participated through 2008.  It is unclear why no 
medical documentation was provided or why the case was not 
completed.  He received only 15 membership points each year for 
his retention/retirement years of June 2008 through June 2009 
and June 2009 through June 2010.  His inability to participate 
resulted in two “bad years” in terms of achieving the minimum 
participation points.  There are multiple lines of potential 
failure along the way in this case.  It was incumbent on the 
applicant to provide civilian medical documentation; it was 
incumbent on his supervisor to provide a member utilization 
questionnaire; it was incumbent on the active duty military  
treatment facility (MTF) to provide a synopsis.  Those documents 
were not received for an extended period of time.

3.  The issue of participation is governed  by AFI 36-2254 and 
was appropriately addressed by the AFRC/A1K in their review of 
this case.  The applicant also made a request for active duty 
orders.  In this case, he is not eligible for active duty 
orders.  This case was not duty related and his medical 
condition was not found to be in line of duty.  Therefore no 
eligibility for active duty orders or pay exists.  

4.  Although the applicant is not entitled to pay or orders for 
the period in which he was non-participatory, his case was 
incomplete much longer than appears necessary.  Given that they 
cannot say where the system may have failed, they recommend the 
Board consider granting relief to the applicant with respect to 
non-paid Inactive Duty Training (IDT) points for the R/R years 
noted.  This would give him the 50 non-paid IDT points required 
per year.  Awarding the non-paid IDT points would eliminate  the 
two bad years and allow him to count them toward his retirement.  

The complete AFRC/SG evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 23 August 2013 for review and comment within 
30 days (Exhibit E). To date, a response has not been received.  

________________________________________________________________

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 with respect to 
the applicants contention that he should have been on active 
duty orders during the time of his MEB/PEB.  After thoroughly 
reviewing the evidence submitted, we are not persuaded he has 
suffered from an injustice.  We note that the Air Force offices 
of primary responsibility state the applicant’s medical 
condition was not found to be in the line of duty; therefore no 
eligibility for active duty orders or pay exists.  Based on the 
above comments, we agree with the OPRs’ assessment that the 
applicant has not been the victim of an error or injustice.  
Accordingly, this portion of the applicant’s request is not 
favorably considered.  

4.  Notwithstanding our decision above, sufficient relevant 
evidence has been presented to demonstrate the existence of 
error or injustice.  After considering the totality of the 
evidence before us, we are persuaded that relief is warranted 
with respect to the applicant’s request for non-paid Inactive 
Duty Training (IDT) points for the period in question.  In this 
regard, we note the AFRC/SG comments that there are multiple 
points of failure along the way and although the applicant is 
not entitled to pay and orders for the period, his case was 
incomplete much longer than appears necessary and they recommend 
granting relief.  The AFRC/A1K recommendation is also noted; 
however, we are persuaded that the lengthy time it took to 
process the applicant’s MEB was unreasonable.  Since the 
applicant was allowed membership points for the period in 
question and the MEB returned him to duty, we are of the opinion 
that the applicant should not be penalized because of his 
inability to fulfill training requirements due to circumstances 
beyond his control.  Accordingly, his records should be 
corrected as indicated below.  

5.  The applicant's 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 issue(s) 
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 APPLICANT be corrected to show that:

	a.  He was awarded an additional 35 non-paid inactive duty 
training points for retention/retirement year 6 June 2008 to 
5 June 2009, resulting in 50 total points; and that the period 
6 June 2008 to 5 June 2009, is a year of satisfactory Federal 
service.  

	b.  He was awarded an additional 35 non-paid inactive duty 
training points for retention/retirement year 6 June 2009 to 
5 June 2010, resulting in 50 total points; and that the period 
6 June 2009 to 5 June 2010, is a year of satisfactory Federal 
service.  

________________________________________________________________

The following members of the Board considered this application 
in Executive Session on 3 December 2013, under the provisions of 
AFI 36-2603:

				, Panel Chair
				, Member
				, Member



The following documentary evidence was considered in AFBCMR 
Docket Number BC-2013-01227:

    Exhibit A.  DD Form 149, dated 1 March 2013.
    Exhibit B.  Applicant’s Master Personnel Record.
    Exhibit C.  Letter, AFRC/A1K, dated 15 July 2013.
    Exhibit D.  Letter, AFRC/SG, dated 2 August 2013.
    Exhibit E.  Letter, SAF/MRBR, dated 23 August 2013.