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AF | BCMR | CY2009 | BC-2009-00701
Original file (BC-2009-00701.txt) Auto-classification: Denied
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 



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