RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00488 

 INDEX CODE: 108.00 

 XXXXXXX COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. While the applicant’s request is not readily apparent, it 
appears he is requesting a disability retirement, instead of his 
reserve retirement. 

 

2. By amendment, he requests that his DD Form 214, Certificate 
of Release or Discharge from Active Duty, be corrected to 
reflect he was retained on active duty for medical hold until 
his adjusted mandatory separation date (MSD) of 15 Feb 10, 
instead of 15 Dec 09. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The Air Force failed to extend his MSD to allow for his medical 
condition to be properly evaluated. He should have been 
referred to a Medical Evaluation Board (MEB) for his fractured 
tibia, which was incurred in the line of duty (LOD). He should 
have been kept on active duty until he was medically discharged 
in accordance with paragraph 6.6.3.2 of DoD Instruction 1241.2, Reserve Component Incapacitation System Management. 

 

In support of his request, the applicant provides copies of his 
DD Form 214 and various excerpts of his military personnel and 
service medical records related to his injury and subsequent LOD 
determination. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Available records indicate the applicant served in the Air Force 
Reserve in the grade of lieutenant colonel (O-5), effective and 
with a date of rank of 1 Oct 02. 

 

 


On 1 Jan 09, he commenced a tour of active duty. On 12 Aug 09, 
he was struck by an automobile while riding his bicycle and 
sustained multiple fractures to his leg. A Line of Duty (LOD) 
Determination was initiated on 28 Aug 09 and his injuries were 
found to be in the LOD. According to the applicant’s 
DD Form 214, he was released from active duty on 15 Nov 09. 

 

In accordance with paragraph 6.6.3.2 of DoD Instruction 1241.2, Reserve Component Incapacitation System Management, a Reserve 
component member on active duty under a call or order to active 
duty of 31 or more days who incurs or aggravates an injury, 
illness, or disease in the line of duty shall, with the member's 
consent, be continued on active duty until the member is 
determined to be fit for duty or separated or retired as a 
result of a Disability Evaluation System (DES) determination. 

 

On 6 Apr 10, pursuant to the applicant’s present request, 
ARPC/DPSVT notified him that they corrected his DD Form 214 to 
reflect he was released from active duty on 15 Dec 09, instead 
of 15 Nov 09. 

 

Information extracted from the Military Personnel Data System 
(MilPDS) indicates the applicant was transferred to the Reserve 
Retired List on 16 Feb 10. 

 

The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force, which are attached at Exhibits C and E. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFRC/SGP recommends denial, indicating the applicant’s original 
request for medical hold was appropriately denied in accordance 
with the governing instructions. In accordance with AFI 41-210, Patient Administration Functions, medical hold is to be used for 
the purpose of DES processing and not appropriate for evaluating 
or treating chronic conditions or convalescence from non-
emergent elective surgery. Medical hold is warranted when 
members overcome the presumption of fitness. This presumption 
can be overcome if an acute injury would prevent the member from 
performing further duty if he or she were not already retiring. 
The documentation submitted for medical hold consideration 
indicated that although the member would require physical 
therapy and was under temporary duty restrictions, he was 
expected to be returned to duty. Additionally, AFI 41-210 
indicates the mere presence of a defect, in and of itself, does 
not provide justification for or entitlement to an MEB. While 
his last duty limiting condition report temporarily restricted 
him from mobility status, it did not indicate an MEB would be 
required. Ultimately, there was no indication that the injury 
was going to cause a permanent disability or require MEB 


processing following surgery and recovery; therefore, medical 
hold was denied by AFRC/SGP on 4 Dec 09. 

 

A complete copy of the AFRC/SGP evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 25 Jun 10 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(Exhibit D). 

 

________________________________________________________________ 

 

ADDITIONAL AIR FORCE EVALUATION: 

 

The AFBCMR Medical Consultant recommends granting partial relief 
by approval of medical continuation orders to include the period 
16 Dec 09 through 15 Feb 10, with the establishment of a new 
retirement date of 16 Feb 10. Notwithstanding the AFRC/SGP 
evaluation in this case, the AFBCMR Medical Consultant believes 
the applicant’s uncertain outcome and requirement for intensive 
physical therapy satisfies the criteria for a medical hold to 
allow for completion of the recommended treatment course. It 
would have been reasonable to extend the period of active 
service to include the six week period of intense physical 
therapy that occurred after his release from active duty. This 
option could have been utilized under medical hold, which is a 
method of retaining a service member beyond an established 
retirement or separation date for disability processing or for 
conditions where the presumption of fitness does not apply. In 
reference to his request for an MEB, he was under active 
treatment during the period of service. Hence, a determination 
of fitness for duty or residual disability would have been 
inappropriate. To assess whether a permanent functional 
impairment or inability to perform required duties exists, it is 
imperative to establish the level of functioning, as recommended 
by an MEB. However, the applicant has not presented evidence 
that he has been left with a residual functional impairment that 
would have precluded the performance of the duties of his 
office, grade, rank, and rating, were he not already retiring. 
The evidence indicates that his post-operative course was 
essentially uncomplicated and followed the predicted course of 
recovery. 

 

A complete copy of the AFBCMR Medical Consultant’s evaluation is 
at Exhibit E. 

 

________________________________________________________________ 

 

 


APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: 

 

The applicant refutes the position that he has not presented 
evidence that he has been left with a residual functional 
impairment precluding his return to duty if he were not 
retiring. The orthopedic surgeon who performed the 
reconstruction of his leg indicated that he will never be able 
to run on his right leg again. At the moment, he cannot even 
push on things. He is still in constant pain even ten months 
after surgery. Having been deployed to Afghanistan, he knows 
full well that he could not do the things he had to do while 
there, which included climbing, jumping, running, lifting, and 
pushing. There is no way he could be deployed or returned to 
duty. 

 

A complete copy of the applicant’s response is at Exhibit G. 

 

________________________________________________________________ 

 

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 an error or injustice. After a 
thorough review of the evidence of record and the applicant’s 
complete submission, we are convinced the applicant should have 
been retained on active duty under the provisions of medical 
hold for the purpose of treatment and recovery from his LOD 
injury. In this respect, we note the comments by the AFBCMR 
Medical Consultant indicating the applicant’s requirement for 
intensive physical therapy and uncertain outcome satisfied the 
criteria for a medical hold. Notwithstanding the above, the 
evidence is not sufficient to convince us of the applicant’s 
entitlement to an MEB and subsequent referral into the DES. In 
this respect, we note the comments by the AFBCMR Medical 
Consultant indicating there is insufficient evidence to conclude 
the applicant would have been left with a residual functional 
impairment that would have precluded the performance of his 
duties were he not already retiring. We note the applicant’s 
argument in response to the AFBCMR Medical Consultant Evaluation 
that his condition precludes his world-wide deployment, thus 
rendering him unfit to perform his duties. Nonetheless, he has 
not provided sufficient evidence to convince us that his 
condition would have rendered him unfit to perform his duties, 
regardless of his ability to deploy. Therefore, we agree with 
AFBCMR Medical Consultant’s recommendation to correct the record 
to reflect he was retained on active duty under the provisions 
of medical hold until his transfer to the Retired Reserve List. 
In our view, this affords the applicant full and fitting relief. 


Accordingly, we recommend the applicant’s records be corrected 
to the extent 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 15 December 2009, but remained on 
active duty until 15 February 2010, on which date he was 
relieved from active duty and transferred to the Retired Reserve 
List, effective 16 February 2010. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-00488 in Executive Session on 4 Nov 10, under the 
provisions of AFI 36-2603: 

 

 Mr. XXXXXXXXXX, Panel Chair 

 Ms. XXXXXXXXXX, Member 

 Ms. XXXXXXXXXX, Member 

 

All members voted to correct the records as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 2 Feb 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFRC/SGP, dated 23 Apr 10. 

 Exhibit D. Letter, SAF/MRBR, dated 25 Jun 10. 

 Exhibit E. Letter, AFBCMR Medical Consultant, 

 dated 22 Sep 10. 

 Exhibit F. Letter, SAF/MRBR, dated 29 Sep 10. 

 Exhibit G. Letter, Applicant, dated 4 Oct 10. 

 

 

 

 

 XXXXXXXXXX 

 Panel Chair