RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01540
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be credited with a satisfactory year of Reserve service for the retention/retirement year 9 Jun 05 to 8 Jun 06.
APPLICANT CONTENDS THAT:
While he was medically cleared to return to his civilian job a few weeks after his 22 Mar 05 surgery, his unit commander denied his request on several occasions to return to his unit training assemblies (UTA) to perform light duty. The process to take him off profile drug out for several months and by the time he was permitted to return to military service it was too late to make up the time to attain a satisfactory year.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
During the matter in question, the applicant was serving in the Air National Guard in the grade of technical sergeant (E-6).
From 9 Jun 05 to 8 Jun 06, the applicant earned 31 points, which constitutes an unsatisfactory year of reserve service. In order for a year to be satisfactory and, thus, creditable towards Reserve retirement, a member has to earn at least 50 points during the period.
On 26 May 14, the applicant was relieved from his current assignment and assigned to the retired reserve section and placed on the Air Force retired reserve list.
The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.
AIR FORCE EVALUATION:
NGB/SGPA recommends granting relief, indicating sufficient evidence has been presented to demonstrate the existence of error or injustice. The applicant was diagnosed with a herniated nucleus polyposis in Oct 02, and granted a line of duty (LOD) determination. After several years of therapy, surgery was performed on 22 Mar 05 to relieve the symptoms. Within a few weeks of the surgery the applicant was released from medical care and allowed to return to his civilian job. He requested to return to his units UTAs to perform light duty in order to have a satisfactory year, but his request was repeatedly denied by the unit commander. There is no documentation to support the commanders reasoning for denying the applicants return. The applicant was officially released from civilian medical care on 1 Sep 05 with an excellent prognosis and no limitations or restrictions. He was evaluated by a military provider and also released without limitations on 4 Jan 06. Had the applicant been allowed to participate in military duties after being released from medical care he would have had a sufficient amount of time to have a satisfactory year during the period in question.
A complete copy of the NGB/SGPA evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 18 Aug 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or regulations.
2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case and 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 been the victim of an error or injustice. Therefore, we recommend the applicant's records be corrected as indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that for Retention/Retirement Year 9 June 2005 through 8 June 2006 he was credited with an additional nineteen (19) non-paid Inactive Duty Training (IDT) points, resulting in him being credited with a total of 50 points, which constitutes a satisfactory year of Reserve service.
The following members of the Board considered AFBCMR Docket Number BC-2014-01540 in Executive Session on 21 Apr 15 under the provisions of AFI 36-2603:
All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-01540 was considered:
Exhibit A. DD Form 149, dated 11 Apr 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, NGB/SGPA, dated 22 May 14.
Exhibit D. Letter, SAF/MRBR, dated 18 Aug 14
AF | BCMR | CY2013 | BC-2013-01157
On 18 May 2011, NGB/A1PS found the applicant medically disqualified for worldwide duty for sleep apnea and requested a fitness evaluation. ________________________________________________________________ AIR FORCE EVALUATION: NGB/SGPA recommends denial of the applicants request for a medical retirement. Furthermore, the applicant was diagnosed with fibromyalgia and chronic fatigue syndrome in 2010 by the DVA but there is no documentation to support any service connected aggravation.
AF | BCMR | CY2012 | BC-2012-02524
________________________________________________________________ THE AIR FORCE EVALUATION: NGB/A1PS recommends denial, they found no error or injustice nor did the applicant provide any evidence to support his claim. The applicant did not provide any documentation to show a professional opinion of a qualified military medical personnel and evaluation for performance was accomplished as required in accordance with ANGI 36-2001. ...
AF | BCMR | CY2006 | BC-2005-03878
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-03878 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 23 JUN 07 _________________________________________________________________ APPLICANT REQUESTS THAT: The loss of good (satisfactory) years from Feb 03 to Sep 05 be reinstated, and she receive an enlisted incentive bonus payment and debt relief in the amount of $771.00 for Servicemember Group...
AF | BCMR | CY2013 | BC-2013-01640
No military or civilian medical documentation is supplied for care during CY 2002 or at the time of her reported worsening condition. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force office of primary responsibility and the BCMR Medical Consultant and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Exhibit C....
AF | BCMR | CY2013 | BC 2013 01985
In support of her appeal, the applicant provides a 21-page brief from counsel, with attachments; copies of NGB Form 22, Report of Separation and Record of Service, issued in conjunction with her 21 Feb 11 transfer to the Retired Reserve; DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with her 23 Feb 11 release from active duty; Reserve Order EK-2605, retirement order, dated 16 Feb 11, and various other documents associated with her request. It...
AF | BCMR | CY2011 | BC-2011-03176
The complete DPPD evaluation is at Exhibit C. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The BCMR Medical Consultant recommends rescinding the applicants administrative discharge under the provision of AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members and supplanting it with an order transferring the applicant to the Reserve Retired Section effective the date of discharge (10 Aug...
AF | BCMR | CY2006 | BC-2005-02974
He had been promoted to the Reserve grade of major in 1997 and had retained that rank up to his transfer to the Retired Reserve. On 3 November 2003, he applied for transfer to the Retired Reserve. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that...
AF | BCMR | CY2013 | BC 2013 02819
In addition, the applicant did not perform the duty in RYE 3 Nov 09, he performed it in RYE Nov 08. To receive the participation credit he requests he would have been required to perform the duty between 4 Nov 08 and 3 Nov 09. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-02819 in Executive Session on 3 Apr 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following...
AF | BCMR | CY2006 | BC-2005-03068
The applicant’s nomination package for the FY06 LTC PV Selection Board was received by HQ ARPC on 29 Apr 05. Review of the nomination package determined the applicant did not meet one of the criteria for PV consideration, i.e., having at least 50 credit points for a year of satisfactory federal service during the last full R/R year. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air...
AF | BCMR | CY2013 | BC 2013 02698
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02698 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His date of separation be extended from 31 May 2010 to 30 September 2010 and he be processed for a Medical Evaluation Board (MEB). Upon return from that deployment, he received treatment for these injuries and was told by a senior medical technician...