RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01431 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: His AF Form 469, Duty Limiting Condition (DLC) Report, be corrected to reflect the appropriate period of 23 Oct 10 through 30 Jan 11. ________________________________________________________________ _ APPLICANT CONTENDS THAT: 1. While deployed, he injured his right shoulder. The doctors told him there was some damage, but it would be better diagnosed with a Magnetic Resonance Imaging (MRI). He had to wait until he returned to his home base at Andrews to be evaluated. 2. After returning from his deployment, he was informed that he had to be seen by a doctor from the family practice at Malcolm Grow Medical Center before a Line of Duty Determination (LOD) could be started and before his orders could be extended. 3. He contacted his unit’s orderly room asking about having his orders extended because he could not get a medical appointment with the orthopedic surgeon until 4 Nov 10. However, he was told his LOD had not been completed and that his LOD had to accompany his Command Manday Allocation System (CMAS) order request. 4. After meeting with the surgeon, it was determined he needed to have surgery which was scheduled for 18 Nov 10; however, due to other medical tests that needed to be done, surgery was pushed back to 23 Nov 10. 5. On 5 Nov 10, his LOD was approved; however, his CMAS orders had not been accomplished due to a discrepancy with his profile and LOD. His surgeon was contacted and fixed the problem on 29 Nov 10. 6. On 5 Jan 11, he was notified that his orders had been approved; however, he was advised the orders would only cover the period of 19 Nov 10 through 30 Jan 11. In support of his request, the applicant provides a personal statement, excerpts from his personnel and medical records, and e-mail communications. His complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant is currently serving in the Air Force Reserve (AFR) in the grade of senior airman (E-4). The applicant was on military personnel appropriation (MPA) orders from 6 May 10 through 22 Oct 10. On 5 Aug 10, a 455 AEW Mishap Report was accomplished that reflects he injured his right shoulder while exercising his upper body on a flat bench. Additional relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. ________________________________________________________________ _ AIR FORCE EVALUATION: AFRC/SG recommends denial. The applicant was placed on MPA medical continuation orders on 19 Nov 10. His orders were not backdated to the initial release from active duty due to the fact he was not on a profile for that time indicating he was unfit for military duty. While in physical therapy, leading up to surgery it does not appear the applicant was unable to perform the duties of his office, grade or rank, though he was under some duty limitations, there is no indication he was unfit for duty. According to the governing SAF/AA policy, entitlement to medical continuation orders begins when the condition renders the member unable to perform military duty not when the injury was occurred or when the airman was released from active duty. In this case, the applicant became unable to perform military duty at the time of his surgery and was returned to active duty. The complete AFRC/SG evaluation is at Exhibit B. AFMOA/SGHI recommends approval with exceptions. The approved dates are from 23 Oct 10 through 30 Jan 11. The records should be corrected to show an AF Form 469 was dated 29 Oct 10 through 28 Dec 10. This change incorporates a continuation of the first DLC dated 28 Sep 10 and the DLC dated 29 Dec 10. In addition, if back pay is granted, SGHI recommends the applicant’s order be extended from the deployment order ending 22 Oct 10. Dates are inclusive of 23 Oct 10 to 18 Nov 10 and no change in start date of CMAS orders of 19 Nov 10 as request was not submitted until 22 Nov 10. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluation were forwarded to the applicant on 28 Oct 11 for review and comment within 30 days. 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 timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting corrective action. We took notice of the applicant's complete submission in judging the merits of the case. While we note the AFRC’s Surgeon General opinion and recommendation, we believe that the applicant’s medical condition while on EAD, led to his incapacitation and it is our opinion that he should have remained on active duty until his condition had been fully resolved. Therefore, in light of the evidence submitted by the applicant, we agree with the AFMOA/SGHI recommendation and find there is a sufficient basis for resolving any doubt in the applicant’s favor. Accordingly, we recommend the applicant’s record be corrected to the extent indicated below. 4. Hearing statement ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was not released from extended active duty on 23 October 2010, but, was continued until 30 January 2011. ______________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-01431 in Executive Session on 24 Jan 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 13 Apr 11, w/atchs. Exhibit B. Letter, AFRC/SG, dated 18 Sep 11. Exhibit C. Letter, AFMOA/SGHI, dated 17 Oct 11, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 28 Oct 11. Panel Chair