RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02968 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her DD Form 214, Certificate of Release or Discharge from Active 
Duty, be amended to reflect active duty service credit for the 
period she should have been retained on active duty due to the 
injury she suffered during Basic Military Training (BMT). 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

When she returned to her home base, subsequent to her BMT and 
Technical Training School, she informed the medical group that 
she had incurred a back injury during BMT for which she was still 
receiving medical treatment. She was released from her active 
duty orders and told to seek medical care through her husband’s 
active duty insurance. She was also told that once she no longer 
had that insurance, a Line of Duty (LOD) determination would be 
completed. Several years later, she was advised that she should 
have never been released from active duty until her injury was 
corrected. 

 

In support of her appeal, the applicant provides copies of her DD 
Form 214, LOD determination, and an excerpt of DoD Instruction 
1241.2. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is currently a member of the Air National Guard 
(ANG) serving in the grade of senior airman. According to the 
LOD Determination, the applicant injured her back in May 2006 
when she fell during the Confidence Course while at BMT. After 
arriving at her Technical Training School, she sought medical 
treatment for lower back pain. Upon returning to her home 
station, an LOD was initiated but never completed. In January 
2008, she was placed on a physical profile indicating she was not 
allowed to perform any military training. The applicant 
expressed wishes to still perform her duties; therefore, her 
profile was revised to allow her to perform light duty while 
still receiving medical treatment. She was approved to 
participate in Unit Training Assemblies (UTAs) until her LOD was 


complete or until August 2009 when her profile was scheduled to 
end. On 14 April 2009, a LOD Determination was completed 
determining her back injury was in the LOD. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

NGB/A1PS recommends denial. A1PS states a member who incurs an 
LOD condition while serving on an order that was issued for 31 or 
more days, may be continued on that order until they are fit for 
duty or separated under the Disability Evaluation System (DES). 
Members may elect not to be retained and may be eligible for 
Incapacitation Pay if they suffer a loss of income. Members who 
are released from active duty but who subsequently become unable 
to perform military duty as a result of the LOD condition will be 
returned to active duty until they are fit for duty or separated 
from service under the DES. Entitlement under this policy shall 
begin when the condition renders the member unable to perform 
military duties; not when the injury occurred or when the member 
was released from active duty. 

 

A1PS indicates that in the case under review, there is no 
evidence to indicate the date that she became unfit for duty and 
thus, subsequently eligible to return to active duty. Without 
the return to active duty eligibility date, they are unable to 
validate the applicant’s request to amend her DD Form 214 to 
reflect the time she may have been eligible for active duty as a 
result of the LOD condition. 

 

The complete A1PS evaluation, with attachment, is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 27 August 2010, for review and comment within 30 days (Exhibit 
C). As of this date, this office has received no response. 

 

_________________________________________________________________ 

 

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 and do not find that it supports a determination that 
she was improperly discharged from her extended active duty 


orders on 3 April 2007. We note the applicant’s contention that 
she should have remained on active duty status while she received 
treatment for her back injury. However, based on the evidence of 
record, the applicant was not on a profile of any type at the 
time of her release from active duty; therefore, she was deemed 
fit for military duty and not eligible for medical continuation 
orders in accordance with Department of Defense Instruction 
1241.2. Consequently, we concur with the opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale that the applicant is not the victim of 
an error or injustice. Therefore, in the absence of evidence to 
the contrary, we find no basis to favorably consider 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-2010-02968 in Executive Session on 26 May 2011, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered for AFBCMR 
Docket Number BC-2010-02968: 

 

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

 Exhibit B. Letter, NGB/A1PS, dated 23 Aug 10, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 27 Aug 10. 

 

 

 

 

 

 Panel Chair