RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01854 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: 1. She be allowed to meet a Medical Evaluation Board (MEB). 2. She be paid for her unit training assemblies (UTAs) she performed during the months of Oct, Nov, and Dec 10. ________________________________________________________________ APPLICANT CONTENDS THAT: She believes if her medical records had been properly evaluated, she could have been medically retired. Her medical conditions of chronic back pain and knee pain should have undergone a Medical Evaluation Board (MEB) and she should have been medically separated under the Disability Evaluation System (DES). Her Air Force Reserve enlistment should not have been voided; but, she should have been medically separated from the United States Air Force Reserve (USAFR). She was not paid for the UTAs that she performed prior to her Reserve enlistment contract being voided. In support of her appeal, the applicant provides a personal statement; Memoranda for Record (MFRs) related to her USAFR inquiries; congressional inquiry, and other supporting documents, including extracts from her servicemember medical record (SMR). The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant reenlisted in the Regular Air Force on 20 Dec 05 for a period of four years and nine months, in the grade of staff sergeant (E-5/SSgt). Her medical evaluation indicated that she has had chronic back pain since 2005 when lifting a patient, and she was involved in a motor vehicle collision (MVC) in 2006. In addition, it noted that the applicant was able to run but her back would bother- her afterwards. On 16 Jul 10, she had an MRI that showed no significant disc disease or nerve impingement, but mild spondylosis was seen at the lumbar facets. She also had some knee pain, which was assessed with an MRI in 2008 which showed no internal derangement. Other medical documents states that she was able to run on it, and only had mild soreness after long runs. The physician commented that the symptoms were more consistent with patella-femoral syndrome. The applicant was discharged, on 19 Sep 10, and was enlisted in the USAFR on 20 Sep 10. Her reason for separation was completion of required service, with service characterized as honorable. She was credited with 7 years, 11 months, and 4 days of active duty service. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPAMM recommends denial, stating, in part, that the applicant's contention that she undergo an MEB for her medical conditions is unfounded. She is medically acceptable for continued military service, thus does not meet the conditions for a MEB. They note that Air Force Instruction (AFI) 48-123 Medical Examinations and Standards, para 5.3.14 states the spine conditions requiring an MEB, and para 5.3.13.2.5 states the conditions of the knee that require an MEB. Although there isn't much medical information in this BCMR package, her statements, DD Form 2697, DD Form 2808 and DD Form 2807-1 give no indication that her medical conditions meet the requirements for an MEB. Medical accession standards, which were utilized by the USAFR to gauge her medical acceptability, are governed by DODI 6130.03. The criteria for medical acceptability of a member are different for retention and enlistment. Although the applicant does not appear to meet the criteria to undergo an MEB, her same medical conditions have been deemed disqualifying for entry into the USAFR. The complete AFPC/DPAMM evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 16 Sep 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 in regard to the applicant’s request for an MEB. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this portion of the application. 4. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of error or injustice regarding the applicant’s request to be paid for unit training assemblies (UTAs) she performed. In this respect, we note the applicant upon separating from active duty was erroneously enlisted in the Air Force Reserve and her Reserve enlistment was voided. Nonetheless, it appears that prior to the determination the applicant did not meet medical standards for enlistment, she performed her monthly UTAs for the months of Oct, Nov, and Dec 10, at the direction of her commander. Therefore, we believe that it is in the interest of justice to compensate the applicant for this inactive service. Accordingly, we recommend the applicant’s record 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 she was in a temporary duty status for a sufficient number of days to accumulate an entitlement of $1032.00. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-01854 in Executive Session on 16 February 2012, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 9 May 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPAMM, dated 26 Aug 11. Exhibit D. Letter, SAF/MRBR, dated 16 Sep 11. Panel Chair