RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00701 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be placed on medical continuation orders for his foot injury and lower back pain. _________________________________________________________________ APPLICANT CONTENDS THAT: He should have been continued on active duty orders after suffering from medical issues. In support of his request, the applicant provided a personal statement, documents extracted from his military personnel records, and service medical records. Applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: Special Order A-037, dated 25 February 2003, reflects the applicant was involuntarily ordered to active duty in support of Operation Enduring Freedom. AF Form 348, Line of Duty Determination, dated 2 July 2003, reflects the applicant, while working on the second floor structure, he fell through compressed board used as flooring. He injured his right ankle and left upper leg. As a result of the injury, he suffered right and left side pain as well as back pain. As a result of the investigation, the recommended finding was "In Line of Duty." AF Form 348, Line of Duty Determination, dated 21 January 2004, reflects, while enroute via airplane to RAF Mildenhall, England, while eating a meal, the applicant broke a tooth. As a result of the investigation, the recommended finding was "In Line of Duty." The applicant with 3 years, 9 months and 2 days on active duty was honorably released due to demobilization in the grade of master sergeant. He served as a Ground Radio Communication Craftsman. _________________________________________________________________ AIR FORCE EVALUATION: AFRC/SGP recommends denial. SGP states there is no indication the applicant was profiled and required a Medical Evaluation Board (MEB) or further processing through the Disability Evaluation System (DES) via the Air Force Physical Evaluation Board (PEB). The applicant suffered a service connected injury over five years ago for which he began to seek care for again in May 2008. He has required continued evaluation and treatment for which he sought medical continuation orders and was advised he would be provided invitational travel orders. The applicant was profiled via an AF Form 469 as unfit for military duty on 2 November 2008; however, he was granted a participation waiver by HQ AFRC/SGP. IAW the 18 December 2006 Memorandum Change to AFMAN 36-8001, Reserve Personnel Participation and Training Procedures from HQ USAF/RE, Airmen with "in line of duty" conditions who are issued a participation waiver are considered "able to perform military duties" and are not entitled to medical continuation orders. If the applicant has suffered a loss of civilian wages, he should provide such information to his servicing Military Personnel Flight (MPF) and apply for incapacitation pay. The SGP complete evaluation, with attachment, is at Exhibit C. AFRC/A1K recommends denial. A1K states they support the findings outlined in the AFRC/SGP advisory. The A1K complete evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 12 June 2009, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. 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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. The applicant's contentions are duly noted; however, insufficient evidence has been provided showing that at the time of his separation, he suffered from a medical condition that should have been evaluated in the disability evaluation system. It appears the applicant was administered proper care for injuries he received on 2 July 2003. Therefore, in the absence of such evidence, we find no compelling basis to recommend granting the requested relief. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an 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 2009-00701 in Executive Session on 25 August 2009, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number 2009-00701 was considered: Exhibit A. DD Form 149, dated 18 February 2009, w/atchs. Exhibit B. Applicant's Master Personnel Record. Exhibit C. Letter, AFRC/SGP, dated 26 March 2009. w/atch. Exhibit D. Letter, AFRC/A1K, dated 9 June 2009. Exhibit E. Letter, SAF/MRBR, dated 12 June 2009. Panel Chair