RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02265 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

His record be corrected to reflect continuous active duty orders 
from 15 April 2008 through 31 July 2009, including travel pay; 
or, in the alternative, he be granted incapacitation pay for 
that period. 

 

 

In his response to the Air Force Reserve Command evaluation, the 
applicant amended his request to state that his record reflect 
that he was on continuous active duty from 15 April 2009 through 
31 July 2009. 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

He should have received medical continuation orders following 
his hernia surgery for the period 14 April 2008 through 
31 July 2009. In January 2009 (sic), his hernia was repaired, 
but the surgery was unsuccessful. 

 

He should have received travel pay to and from his appointments 
and, if not on active duty orders, he should have received 
incapacitation pay for the periods he was not on orders. 

 

He was on active duty orders from 6 October – 10 October 2008 
and on the last day of active duty he reaggravated an old hernia 
injury dating back to 2003. His orders were amended to include 
the period from 14 – 15 October 2008 and he was sent to the 
doctor to be evaluated. His orders were extended from 
11 October – 10 November 2008 with subsequent amendments 
numerous times. He was without orders for two-weeks at a time 
and had trouble meeting his financial obligations and getting 
health care. However, his orders were revoked and he was forced 
back into civilian status, while still under the doctor’s care. 

 

After weeks of waiting and numerous doctor visits, he had to 
undergo another surgery on 26 May 2009. His commander placed 
him on active duty orders from 26 May 2009 through 26 June 2009; 
however, these orders were amended (sic) and he was released on 
9 June 2009, after the convalescent period was over. He was 
finally released from his hernia surgery per the assessment 
plan, dated 10 June 2009. 


 

In support of his appeal, the applicant provides a personal 
statement; a copy of his Air Force Reserve retirement order, 
Reserve Order (RO) EK-0395, dated 23 October 2009; numerous 
active duty orders and amendments, and Civilian and Military 
Leave and Earnings Statements (C/MLESs). 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Based on the applicant’s submission and the available records, 
the applicant was on active duty 6 Oct 08 through 14 Apr 09. 
The applicant was again placed on active duty from 26 May 
through 9 Jun 09, when he was medically released. 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

AFRC/SGP recommends denial, stating, in part, the period for 
which the applicant is requesting pay begins prior to the 
injury/re-injury of the hernia. The applicant was on a four day 
annual tour order when he reported his hernia injury. A Line of 
Duty (LOD) was not initiated until February 2009 and was not 
completed until July 2009, with a finding of Existed Prior to 
Service—Service Aggravated (EPTS-SA), a finding that established 
a positive service connection. 

 

In accordance with Department of Defense Instruction (DoDI) 
1241.2, Reserve Incapacitation System Management, Reserve 
members in status 30 days or less who aggravate an injury may be 
continued on active duty for treatment or recovery, though it is 
not mandatory. Due to the fact that the applicant was in a unit 
funded duty status when the condition was aggravated, the 
authority to issue further orders rested with the unit 
commander. 

 

SGP found no evidence of a service connected medical condition 
that would require pay and allowance benefits during the period 
from 15 April 2008 through 9 October 2008. SGP indicates the 
applicant has two service connected conditions, neither of which 
were disqualifying for continued military service, or would 
require a review under the Military Disability Evaluation System 
(MDES). In addition, his last condition that potentially 
required a Medical Evaluation Board review was found to be non 
service connected. 

 

The complete AFRC/SGP evaluation is at Exhibit C. 

 

________________________________________________________________ 


 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

The applicant notes that he submitted the wrong period in his 
request, he actually was requesting active duty from 15 Apr -
31 Jul 09. He was not released from his doctor’s care until 
31 Jul 09 and should have been kept on active duty orders until 
he was found fit for duty. He had a profile serial code of “P-
4” during the whole period following the reaggravation of his 
hernia injury. 

 

He asserts that his hearing loss and sleep apnea are 
disqualifying in accordance with (IAW) the governing directives 
and does not believe his conditions were properly evaluated. In 
addition, he believes that his condition, hypertension, was not 
properly evaluated as well. 

 

In support of his appeal, the applicant provides a copy of his 
DD Form 214, Certificate of Discharge or Release from Active 
duty, dated 14 Apr 09 and other supporting documents. 

 

The applicant’s complete response, 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 error or injustice. We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we note, the applicant was on an active duty 
tour of less than 30 days when his condition was reaggravated. 
Therefore, we do not find that his conditions were improperly 
evaluated or that he was not given due process IAW the governing 
directives. In this respect, noting the comments from AFRC/SG, 
Reserve members in status 30 days or less MAY be continued on 
active duty, although it is not mandatory. Regarding the 
applicant’s assertion that his hearing loss, sleep apnea and 
hypertension were not properly evaluated, after a review of the 
evidence of record and the applicant’s submission, other than 
his own statements, he has not provided sufficient evidence that 
he was not properly evaluated. In addition, the applicant 
believes that he should have remained on active duty 
continuously from 6 October 2008 until 31 July 2009, when he 
maintains that his medical conditions were stabilized or 
resolved; however, based on the available evidence presented to 
this Board, in our view, he has failed to sustain his burden of 
proof of having suffered either an error or injustice or that the 


active duty periods were insufficient based on the severity of 
the conditions and the treatment he received. Therefore, 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 the evidence presented did not 
demonstrate the existence of material 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 BC-2010-02265 in Executive Session on 24 March 2011, 
under the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 16 Jun 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFRC/SGP, dated 28 Dec 10. 

 Exhibit D. Letter, SAF/MRBR, dated 18 Feb 11. 

 Exhibit E. Letter, Applicant, dated 14 Mar 11, w/atchs. 

 

 

 

 

 Acting Panel Chair