RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00333 

 INDEX CODE: 122.00, 128.00 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

___________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. He be placed on orders from 30 Mar 09 through 30 May 09 for his 
medical condition. 

 

2. He receive all back pay and allowances. 

 

___________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. He was mobilized and deployed to Iraq from 22 Jun 08 through 
18 Dec 08. During his deployment, he began having pain in his 
right shoulder and was referred to physical therapy to get an 
ultra-sound as well as exercises to strengthen the joint. Later, 
he received a shot of cortisone to help manage the pain and was 
told that he may need surgery to correct his problem; the surgery 
was not one that could be performed in theater. He started feeling 
better and was returned to normal activity including physical 
training. However, the pain returned and this time the level of 
pain was more intense. He received another shot of cortisone to 
hold him over until he returned to the United States. 

 

2. He returned to his unit of assignment where he was put on a 
profile and told that if he needed surgery he would be put on 
orders. He then went to his home of record and tried to schedule 
medical appointments prior to his terminal leave ending on 28 Jan 
09. 

 

3. He had an MRI accomplished on 29 Jan 09; however, he did not get 
a follow-up appointment with a military doctor until 10 Feb 09. 
The doctor recommended he take another cortisone shot and schedule 
another x-ray at a later date. He was not happy with the doctor’s 
recommendation and sought another opinion from his personal 
physician. His personal physician ran tests and suggested surgery 
to correct his injury. He did not return to the military doctor 
for further care. 

 

4. A Line of Duty (LOD) determination was initiated in Jan 09, but 
it was not approved until 2 Jul 09. He thought everything was 
proceeding properly until he was told that it was illegal to 
backdate orders and was referred to the BCMR to file a correction 


of records. He was put on unpaid leave with his civilian job for 
two months while he had surgery and recovered. 

 

In support of his request, applicant provides a copy of letters of 
support, excerpts from his medical records, a copy of his special 
order, a copy of AF IMT 938, Request and Authorization for Active 
Duty Training/Active Duty Tour, a copy of DD Form 1610, Request and 
Authorization for TDY Travel of DoD Personnel, a copy of letters 
from his personal physician, a copy of AFRC IMT 348, Informal Line 
of Duty Determination, and e-mail communications. 

 

His complete submission, with attachments, is at Exhibit A. 

 

___________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is serving in the Air Force Reserve in the grade of 
colonel (0-6). He was mobilized and deployed to Iraq from 15 May 
08 through 28 Jan 09. He underwent an Informal Line of Duty 
Determination on 26 Mar 09 for an injury that occurred while he was 
serving on active duty and assigned to a combat zone. His injury 
was determined to be In Line of Duty (ILOD) and closed on 2 Jul 09. 

 

The remaining relevant facts pertaining to this application, 
extracted from the applicant’s military records, are contained in 
the letter prepared by the appropriate office of the Air Force. 
Accordingly, there is no need to recite these facts in this Record 
of Proceedings. 

 

___________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFRC/SGP recommends approval. SGP states the LOD was not initiated 
until almost four months after the applicant returned from his 
deployment. SGP acknowledges the applicant’s medical condition was 
not diagnosed prior to his release from active duty and there is no 
indication a LOD was started by the supporting Reserve medical unit 
during this timeframe. Therefore, SGP finds it medically feasible 
that the applicant was unable to perform military duty for the 
period requested and would have been entitled to pay and allowances 
had the processing of his LOD and orders request occurred in a 
timelier manner. 

 

The AFRC/SGP complete evaluation is at Exhibit B. 

 

__________________________________________________________________ 

 

 

 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 


The applicant responded by stating he agrees with AFRC/SGP 
findings. He also provides clarification to some points made in 
the SGP evaluation. 

 

The applicant’s complete submission is at 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. Sufficient relevant evidence has been presented to demonstrate 
the existence of error or injustice. In this respect, the 
applicant has provided convincing evidence that his medical 
condition surfaced while he was deployed to Iraq, which has also 
been substantiated by the Air Force Reserve Command’s Deputy 
Command Surgeon (AFRC/SGP). Therefore, we agree with AFRC/SGP 
that the applicant should have been continued on medical 
continuation orders prior to his release from active duty. 
Therefore, we recommend that the records be corrected as indicated 
below. 

 

______________________________________________________________ 

 

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 active duty on 28 January 2009, but was continued 
on active duty until 30 May 2009, on which date he was released 
from active duty. 

 

______________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket Number 
BC-2010-00333 in Executive Session on 3 Jun 10, under the 
provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

 

 

All members voted to correct the records, as recommended. The 
following documentary evidence for Docket Number BC-2010-00333 was 
considered: 

 

 Exhibit A. DD Form 149, dated 22 Jan 10, w/atchs. 


 Exhibit B. Letter, AFRC/SGP, dated 8 Mar 10. 

 Exhibit C. Letter, SAF/MRBR, dated 19 Mar 10. 

 Exhibit D. Letter, Applicant, dated 23 Mar 10. 



 Panel Chair