RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00063 

 INDEX CODE: 135.02 

 XXXXXXXXXXXXXXXXXXX COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His active duty order, Reserve Order D-14019, dated 29 July 2004, 
be extended to 26 August 2009. In addition his pay and points be 
adjusted accordingly to reflect the extension. 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was involuntarily released from his orders when it was later 
discovered he had a medical condition which was subsequently 
found to be in the line of duty (ILOD). 

 

In support of his appeal, the applicant provides a personal 
statement, and copies of Reserve Order D-14019, a heart 
consultant’s diagnosis, Post Deployment Health Assessment, active 
duty orders, Line Of Duty (LOD) determination, Medical Evaluation 
Board (MEB) orders, electronic communications, and several tax 
returns. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is currently a member of the Air Force Reserve 
serving in the grade of master sergeant (E-7). His Point Service 
History, which closed-out on 5 December 2009, reflects 27 years 
of satisfactory Federal service. He has a projected date of 
separation of 30 December 2012. 

 

The remaining relevant facts extracted from the applicant service 
records are contained in the evaluation by the Air Force office 
of primary responsibility at Exhibit C. 

 

_________________________________________________________________ 

 


AIR FORCE EVALUATION: 

 

AFRC/SGP recommends denial. SGP indicates the applicant 
performed several tours of active duty during the period 
21 September 2001 through 22 December 2006. During one of his 
breaks from active duty orders on 1 May 2004, the applicant 
developed chest pains associated with acid reflux during a flying 
exam and was taken to the emergency room. In accordance with Air 
Force Instruction (AFI) 36-2910, Line of Duty (Misconduct) 
Determination, an LOD determination was initiated on 6 June 2004 
and finalized with a finding of ILOD on 31 June 2004. 

 

The applicant returned to active duty orders from 12 July 2004 to 
13 August 2004. During this period he was referred for a 
cardiology work-up. This work-up revealed elevated cholesterol 
and blood pressure, which indicated the need for medical 
management, but otherwise was unremarkable for any heart disease 
or condition that, would warrant medical continuation orders or 
evaluation through the Disability Evaluation System (DES). The 
evaluation did not reveal a definite diagnosis which warranted an 
LOD determination; therefore, the applicant was released from 
active duty orders as fit for duty. An Air Force Form 422, Physical Profile Serial Report, dated 12 September 2004 and 
ending 12 December 2004, placed the applicant on a temporary “P-
4T” profile, indicating he may have been unfit for military duty 
during this period. No further records are provided until the 
9 March 2006 cardiology work-up that revealed Coronary Artery 
Disease with moderate left anterior descending stenosis in the 
right coronary artery and a high grade stenosis of 2.5 millimeter 
ramus intermedius with normal left ventricle systolic function. 
There is no evidence that any profile action was taken at this 
time, and a review of his service history shows he continued to 
perform military duty. 

 

No further processing occurred until March 2008, when the 
supporting Reserve medical unit submitted a non-duty related 
fitness for duty package to AFRC/SGP for consideration. Noting 
that a potential service connection existed, the case file was 
returned without action for LOD determination processing. An LOD 
determination was initiated on 29 October 2008 for Coronary 
Artery Disease and was finalized with a finding of ILOD on 3 June 
2009. The applicant was subsequently placed on orders funded by 
his unit starting 26 August 2009. 

 

SGP states the evidence provided and the fact the applicant 
continued to perform military duties during much of the time 
interval suggests a fitness for duty and disputes an entitlement 
for medical continuation pay for the entire period claimed. 

 

The complete SGP evaluation is at Exhibit C. 

 

_________________________________________________________________ 


 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

While it is correct that he did continue to participate, he was 
not participating in his primary duty, flying as an Airborne 
Radar Technician. He was removed from the supervisory position 
of flight superintendent due to his ongoing medical issues and 
disqualification. In fact, most of the periods he served over 
the past five years have been directed towards trying to resolve 
his medical issue in order to either be disqualified medically or 
to be returned to flying status. Since his unit did not place 
him on a profile, he had to continue to participate in accordance 
with AFRC Instruction 36-3004. 

 

His case has been mishandled at a great cost to him for having to 
fight to stay in the Reserve to be properly evaluated; out-of-
pocket expenses to pay for cardiologist consultations and 
testing; his removal from a supervisory position and the loss of 
promotion potential; and added stress which has contributed to 
the dissolution of his marriage, loss of civilian employment, and 
additional health concerns. 

 

An injustice was created from his unit’s failure to follow 
procedures outlined in the regulations. An LOD was not generated 
for five years after the cardiac disease was discovered. Without 
the LOD, medical orders were not issued in order for him to be 
evaluated through the DES. 

 

The applicant’s rebuttal, with attachments, is at Exhibit E. 

 

_________________________________________________________________ 

 

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 an error or an injustice. 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 the 
applicant has not been the victim of an error or injustice. We 
note the applicant’s contention that his unit’s failure to follow 
procedures as outlined in the regulations created an injustice; 
and that he should have been on continuation orders for the 
entire period requested; however, we find the medical evidence 
provided insufficient to make such a determination. Therefore, 
based on the foregoing and in the absence of evidence to the 


contrary, we find no basis to recommend granting the relief 
sought in this application. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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 BC-2010-00063 in Executive Session on 2 November 2010, 
under the provisions of AFI 36-2603: 

 

 XXXXXXXXXXXXXXXXXXXXX, Panel Chair 

 XXXXXXXXXXXXXXXXXXXXX, Member 

 XXXXXXXXXXXXXXXXXXXXX, Member 

 

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2010-00063: 

 

Exhibit A. DD Form 149, dated 30 Dec 09, w/atchs. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. Letter, AFRC/SGP, dated 11 Mar 10. 

Exhibit D. Letter, SAF/MRBR, dated 14 May 10. 

Exhibit E. Letter, Applicant, not dated. 

 

 

 

 

 XXXXXXXXXXXXXXXXXX 

 Panel Chair