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.
Applicants 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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