RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03539 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. She be reinstated onto active duty with pay and allowance 
benefits from 14 April 2006 until completion of her Medical 
Evaluation Board (MEB). 

 

2. AF Form 469, Duty Limiting Condition Report, dated 
19 November 2009, be removed from her records. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. While on orders, she injured her back and a Line of Duty 
(LOD) determination was initiated. She was released from active 
duty on 13 April 2006 before the LOD could be completed, which 
was a violation of Department of Defense Instruction (DODI), Reserve Incapacitation Systems Management; Air Force Instruction 
(AFI) 36-2910, Line of Duty (Misconduct) Determination; and Title 
37, United States Code, Pay and Allowances of the Uniformed 
Services. 

 

2. She should have been retained on active duty until completion 
of her processing through the disability evaluation system (DES) 
which, as of the date of the applicant’s submission, had not yet 
been completed. 

 

In support of her appeal, the applicant provides an expanded 
statement and copies of her DD Forms 214, Certificate of Release 
or Discharge from Active Duty; AFRC Forms 348, Informal Line of 
Duty Determination; AF Form 469, Duty Limiting Condition Report; 
and electronic mail correspondence related to the matter under 
review. 

 

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

 

________________________________________________________________ 

 


 

STATEMENT OF FACTS: 

 

The applicant’s military personnel records indicate that she 
enlisted in the Air Force Reserve on 27 September 2004 in the 
grade of technical sergeant (E-6) and was progressively promoted 
to the grade of senior master sergeant, effective and with a date 
of rank of 1 November 2008. 

 

On 17 October 2005, the applicant was ordered to active duty 
under the provisions of 10 USC 12302 (Partial Mobilization) in 
support of Operation NOBLE EAGLE/ENDURING FREEDOM. She was 
released from active duty on 13 April 2006 and was credited with 
5 months and 27 days of active service. 

 

On 12 June 2006, the applicant was ordered to active duty under 
the provisions of 10 USC 12302 (Partial Mobilization) in support 
of Operation NOBLE EAGLE/ENDURING FREEDOM. She was released from 
active duty on 28 March 2007 and was credited with 9 months and 
17 days of active service. 

 

On 1 December 2008, the applicant was ordered to active duty 
(voluntary) and was released from active duty on 
30 September 2009 and credited with ten months of active service. 

 

On 30 November 2009, the applicant was ordered to active duty 
(voluntary) and was released from active duty on 31 May 2010 and 
credited with six months and one day of active service. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of the 
Air Force, which is attached at Exhibit C. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFRC/SGP recommends denial, indicting there is no evidence of an 
error or injustice. The applicant is requesting her records be 
corrected to reflect she was not released from active duty on 
14 [sic] April 2006, but retained on active duty for medical 
continuation until completion of her medical evaluation board 
(MEB), which is still in progress. During the applicant’s active 
duty tour, she sought treatment for lower back pain on 
6 March 2006. An LOD determination was initiated in accordance 
with AFI 36-2910, Line of Duty and Misconduct Determinations. 
However, the LOD determination was not processed through AFRC/RMG 
until March 2010 and was completed with a finding of Existed 
Prior to Service (EPTS) – Service Aggravated on 2 June 2010. In 
accordance with DoDI 1241.2, Reserve Component Incapacitation 
System Management, Reserve Component members on orders for 
31 days or more who incur a condition that renders them unfit for 


military duty must be maintained on active duty orders. There is 
no indication the applicant was unfit for military duty at the 
time of her release from orders on 13 April 2006. The first 
profile identifying her as unfit for military duty presented with 
the applicant’s submission is 19 November 2009. There is nothing 
provided in the case file indicating the condition warranted 
anything more than an LOD determination at the time of her 
release from active duty in April 2006. Additionally, a request 
for medical continuation orders for the applicant was submitted 
to HQ AFRC, but was returned without action pending updated 
medical information. No return request was ever submitted. 

 

The complete AFRC/SGP evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

The applicant again states her LOD should have been completed 
before she was released from active duty. She was deemed unfit 
for duty by AFRC in 2006, and the LOD was initiated before she 
was released from active duty. The regulation clearly states 
that a Reserve member who incurs or aggravates an injury while in 
a duty status is authorized pay and allowances while the LOD is 
being conducted. 

 

Her profile from 21 April 2009 shows a code 37 MEB required. She 
was told by the captain that an MEB should have been initiated 
when the injury occurred. Furthermore, the email from the 
Superintendent, RMG/SG stated “The member is showing in PIMR as 
having a condition that is medically disqualifying.” The PIMR 
was updated with her profile in 2009. In the same email, an 
inquiry was sent to her command inquiring about her medical 
condition and asking if it was duty related. The response 
indicated she had an LOD and was injured in 2006. On 
19 November 2009, the superintendent initiated the profile which 
stated “Member has a non-duty related medical condition that 
requires a Worldwide Duty Evaluation (WDE) and has been placed in 
a “Not Present for Duty Status.” The AF Form 469, dated 
19 November 2009, also states “Member is not authorized to 
participate for pay and points until final disposition of the 
WDE. 

 

Her LOD was first completed on 29 April 2010 with a finding of 
Existed Prior to Service (EPTS) – Service Aggravated (SA). She 
disagreed with the EPTS finding because the wording in the 
medical section was changed by the superintendent, who was not a 
medical officer, which prejudiced the results of the LOD. She 
filed a formal request for reinvestigation and the LOD was 
changed on 2 June 2010. The medical wording was changed again 
and the staff judge advocate changed his findings. However, it 


appears the LOD Board and Legal Review were not notified of the 
changes, as evidenced by the April dates on the digital 
signature. The final disposition of the LOD was EPTS-SA. 

 

She never received a request from AFRC requesting that she 
provide updated medical information. On 1 June 2010, she 
received an email from AFRC RMG/CD stating that AFRC/SG refused 
to approve her medical continuation orders based on the fact her 
injury occurred in 2006. The regulations do not state that AFRC 
can refuse to keep a member on active duty because of the date of 
injury or a pending request for medical information. She was on 
active duty for over 30 days on war time support orders when the 
original injury occurred. If the LOD had been conducted when the 
original injury occurred a determination would have made if an 
MEB was needed or if she could have been returned to duty. In 
May 2010, she had been on active duty orders for 181 days. Her 
MEB was initiated in December 2009 and she was denied benefits a 
second time when AFRC denied keeping her on active duty during 
the MEB process. 

 

The applicant believes the regulations are clear; and she should 
not have been released from active duty until the LOD was 
completed and the final disposition of her injury was determined. 
She further states her MEB has not been completed. 

 

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 an error or injustice warranting the 
applicant’s retention on active duty since her line of duty (LOD) 
injury in 2006. The applicant contends that her LOD injury 
rendered her unfit to perform her duties and, thus, she should 
have been retained on active duty until completion of her 
processing through the disability evaluation system (DES). After 
a thorough review of the evidence of record and the applicant’s 
complete submission, we do not find the documentation presented 
sufficient to conclude that she should have been retained on 
active duty for the more than five years since her release from 
active duty in 2006. While it is clear the applicant was 
released from the active duty tour in question prior to the LOD 
determination being completed, the evidence presented is 
insufficient to convince us that she would have been found unfit 
due to this injury and retained on active duty. In this respect, 
we note the applicant continued to perform her duties in the 


months and years following her injury and was, in fact, called to 
active duty on at least four occasions through 2009. We also 
note the applicant was promoted twice since her injury, actions 
that could not have taken place if she were unfit as she 
contends. Therefore, in view of these facts, we find no basis to 
conclude that competent authority should have declared her unfit 
for duty in 2006. Notwithstanding the above, sufficient relevant 
evidence has been presented to demonstrate the existence of an 
error or injustice with respect to the applicant’s LOD 
determination. In this respect, we note the applicant’s LOD 
determination was initiated on 20 April 2006, but, for whatever 
reason, was not completed until 2 June 2010. Therefore, we 
believe it appropriate to correct the record to reflect that her 
LOD determination for her lower back injury, with a finding of 
EPTS-SA, was concluded on 20 April 2006, rather than 2 June 2010. 
Furthermore, we believe it appropriate to correct the record to 
reflect the applicant was not released from active duty on 
13 April 2006, but was retained on active duty until the 
conclusion of her LOD determination on 20 April 2006. Finally, 
as regards to her contention on rebuttal that she should not have 
been released from active duty in 2010 as she was unfit for duty, 
we note the applicant has not exhausted all of her administrative 
remedies. In this respect, we note the applicant also contends 
that she is currently undergoing a medical evaluation board 
(MEB), presumably to ascertain her fitness for duty. 
Accordingly, it would be inappropriate for this Board to consider 
this aspect of her request, unless and until the MEB has made 
their determination. Therefore, 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 the APPLICANT be corrected to show she was not 
released from active duty on 13 April 2006, but rather, she was 
continued on active duty until 20 April 2006, the date her 
original Line of Duty determination was initiated. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-03539 in Executive Session on 14 June 2011, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

 

 


All members voted to correct the records as recommended. The 
following documentary evidence pertaining to AFBCMR Docket Number 
BC-2010-03539 was considered: 

 

 Exhibit A. DD Form 149, dated 23 Sep 10, w/atchs. 

 Exhibit B. Applicant's Master Military Records. 

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

 Exhibit D. Letter, SAF/MRBR, dated 4 Mar 11. 

 Exhibit E. Letter, Applicant, dated 20 Mar 11, w/atchs. 

 

 

 

 

 

 Panel Chair