RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01701
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
1. His official record be corrected to reflect he trained (i.e., drilled) during the period Jan 11 through Jun 11 without a break in service.
2. By amendment, in the alternative, he be awarded one day of inactive duty points without associated pay for the Retention/Retirement (R/R) year ending 29 Nov 11, which would give him a total of 50 points toward retirement and a satisfactory year of Reserve service.
APPLICANT CONTENDS THAT:
He was unjustly prevented from performing duty during the period in question. He was supposed to be prescribed medication during this period due to a diagnosis of atrial fibrillation so the flight surgeon could monitor the result of his medication. He was placed in Duty Not Including Flying (DNIF) status and was not able to participate for pay or points. However, the flight surgeon never prescribed the medication. Therefore, should have been allowed to drill for those months. He missed out on a good year by one day.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant served in the Air Force Reserve during the period of time in question.
According to the documentation provided by the applicant:
a. On 8 Dec 10, he was issued an AF Form 469, Duty Liming Condition Report, with duty and mobility restrictions with a projected release date of 8 Jun 11, and an AF Form 1042, Medical Recommendation for Flying or Special Operational Duty, establishing that he was Medically Restricted from Flying or Special Operational Duty (DNIF) for an estimated period of 180 days.
b. He received no participation points between 8 Dec 10 and 22 Jul 11, and earned a total of 49 points for his R/R year ending 29 Nov 11.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFRC/A1K recommends denial indicating there is no evidence of an error or an injustice. To obtain a good year, a member must earn 50 points, but the applicant only earned 49 points. In accordance with AFI 36-2254V1, 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. The AF Form 469 is used to place the member into a no pay/no points status; however, the applicant did not submit an AF Form 469, so there is no documented bases for the applicants failure to complete a good year that can be attributed to a valid medical condition.
A complete copy of the AFRC/A1K evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
AFRC/A1K stated in the Air Force advisory that they were not able to determine if he was medically disqualified during his period because he had not submitted an AF Form 469. Therefore, he submitted his AF Form 469 for his period, along with his AF Form 1042, Medical Recommendation for Flying or Special Operational Duty. He was only restricted from flying or special operational duties during this period (DNIF). If the Board determines he does not warrant his request for points/pay during this period, he requests award of one day of inactive duty points without associated pay for the R/R year ending 29 Nov 11, which would give him a total of 50 points toward retirement and a satisfactory year of Reserve service (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 an error or injustice. We took notice of the applicants complete submission, to include his rebuttal response to the advisory opinion, in judging the merits of the case; however, we agree with the opinion and recommendation of AFRC/A1K and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. While the applicant contends his DNIF status during an extend period of time unjustly precluded him from attaining 50 points for his year ending 29 Nov 11, the Board believes it is the responsibility of each individual service member to carefully track their personal service and points, and to work with his unit in advance of a problem to ensure they obtain the required service to qualify for a good year. Other than his own assertion concerning the medical community, he has not submitted any documentation which indicates there was an error or injustice on the part of the Government which prevented him from serving in a non-flying capacity and achieving a good year of service. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested 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.
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-2014-01701 in Executive Session on 19 Feb 15 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining AFBCMR Docket Number BC-2014-01701 was considered:
Exhibit A. DD Form 149, dated 4 Apr 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFRC/A1K, dated 4 Jun 14.
Exhibit D. Letter, SAF/MRBR, dated 4 Aug 14.
Exhibit E. Letter, Applicant, dated 22 Aug 15, w/atchs.
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