RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01585 

 INDEX CODE: 108.03 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be medically retired due to the injury he sustained in the 
line of duty (LOD) while in the Air Force. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He is currently rated at 50 percent through the Department of 
Veterans Affairs (DVA) as a result of the LOD injury he 
sustained while on active duty in support of Operation ENDURING 
FREEDOM (OEF)/IRAQI FREEDOM (OIF). He underwent surgery as a 
result of the injury. He subsequently returned to the Inactive 
Ready Reserve (IRR) where he suffered a relapse of his injury, 
which resulted in an increase to his compensable disability 
percentage from 40 to 50 percent. With a 50 percent disability 
rating, he is unable to return to active status to complete 
20 years of service as he intended before being injured. 

 

In support of his request, the applicant provides copies of 
excerpts from his military personnel records and correspondence 
from the DVA related to his injury and disability rating. 

 

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 technical sergeant (E-6). 

 

On 1 Dec 03, the applicant was ordered to active duty for a 
period of one year under the provisions of Title 10, United 
States Code (USC), Section 12302, Partial Mobilization, in 
support of OEF/OIF. His active duty tour was subsequently 
extended for an additional year. 

 

 

 


On 19 Nov 04, he sustained an injury to his back. An Informal 
LOD Determination was initiated on 23 Nov 04 and his injury was 
found to be in the LOD on 10 Dec 04. According to the 
applicant’s DD Form 214, he was released from active duty due to 
demobilization on 30 Nov 05 after serving the full term of his 
orders. 

 

On 22 Jul 08, the applicant was relieved from active status due 
to a conflict with his civilian employment and transferred to 
the Non-obligated/Non-participating Ready Personnel Section 
(NNRPS) of the IRR, effective 30 Jul 08. 

 

In accordance with the 8 Dec 06 SAF/AA memo, Return to Active 
Duty of Air Reserve Component (ARC) Members Unable to Perform 
Military Duties, members are eligible for active duty orders for 
periods they are unable to perform military duty as a result of 
a service connected condition. However, this policy only 
applies to members of the Selected Reserve in active status or 
members of the Participating IRR. 

 

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 there is no evidence of 
an error or injustice. The applicant incurred an injury which 
was found to be in the LOD. Based on the information provided, 
the applicant was never considered unfit for duty and therefore 
a medical evaluation board (MEB) was not accomplished. Any 
aggravation or reoccurrence of his previous injury would have to 
occur while in an active status for processing through the 
Disability Evaluation System (DES), which is the pathway to a 
possible medical retirement. Members assigned to the IRR are 
not considered actively participating and therefore are not 
entitled to processing through the DES. 

 

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 30 Jul 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 denial, indicating the 
applicant has not provided sufficient evidence upon which to 
conduct a reasonable analysis of his case. The Medical 
Consultant acknowledges the DVA has elected to grant the 
applicant a 50 percent disability rating. However, this fact 
alone is not determinative of his fitness to perform his duties 
in Jan 05, the date of termination of his profile, or anytime 
thereafter. The DVA, operating under Title 38, USC, is 
authorized to offer disability compensation for any service 
connected medical condition without regard to its demonstrated 
impact upon a service member’s fitness to serve. The applicant 
has not submitted documentation to show that he has been 
disqualified for continuation or resumption of his military 
service. It is likely he no longer qualifies under accession 
standards; nonetheless, with the evidence provided, he has not 
met the burden of proof of an error or injustice. 

 

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

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: 

 

A copy of the AFBCMR Medical Consultant’s evaluation was 
forwarded to the applicant on 29 Sep 10 for review and comment 
within 30 days. As of this date, no response has been received 
by this office (Exhibit F). 

 

________________________________________________________________ 

 

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 injustice. We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinions and 
recommendations of the Air Force office of primary 
responsibility and the AFBCMR Medical Consultant and adopt their 
rationale as the basis for our conclusion the applicant has not 
been the victim of an error or injustice. Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application. 

 

 

 


4. The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved. 
Therefore, the request for a hearing is not favorably 
considered. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; that 
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 BC-2010-01585 in Executive Session on 23 Nov 10, under 
the provisions of AFI 36-2603: 

 

 

 

The following documentary evidence was considered: 

 

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

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFRC/SGP, dated 20 Jul 10. 

 Exhibit D. Letter, SAF/MRBR, dated 30 Jul 10. 

 Exhibit E. Letter, AFBCMR Medical Consultant, 

 dated 27 Sep 10. 

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

 

 

 

 

 

 Panel Chair