RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01557
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She receive pay and allowance benefits for the period she was being
processed through the Disability Evaluation System (DES).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Based on Air Force policy, she should have been retained on active duty
orders until she was either released from profile restrictions or processed
through the DES.
In support of her appeal, the applicant provides a statement and documents
extracted from her military personnel records.
The application’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant, while serving in the Air Force Reserves, underwent a Medical
Evaluation Board (MEB) on 23 Feb 10 for a variety of medical conditions.
On 6 Apr 10, the Informal Physical Evaluation Board (IPEB) found the
applicant unfit for all her medical conditions except tinnitus. The IPEB
recommended placement on the Temporary Disability Retired List (TDRL) with
a disability rating of 80 percent effective 24 Jun 10. On 15 Apr 10, she
concurred with the findings and recommendation of the IPEB. On 23 Jun 10,
she was relieved from active duty and placed on the TDRL on 24 Jun 10 with
a compensable disability rating of 80 percent.
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 D.
_________________________________________________________________
AIR FORCE EVALUATION:
AFRC/SGP recommends the applicant’s request for pay and allowance benefits
for the period she was processed through the DES be addressed by AFMOA and
AF/A1.
The complete AFRC/SGP evaluation is at Exhibit C.
The AFBCMR Medical Consultant recommends the record be changed to reflect
the applicant was placed on active duty orders effective 1 Nov 09 and
remained so until placed on the TDRL with an 80 percent disability rating
effective 24 Jun 10.
The applicant had been placed on several profiles, at times restricting
worldwide qualification and other times not prohibiting worldwide
qualification. In 2005, there was discussion of a possible MEB related to
her knee and shoulder ailments; for which she have been on profile
restrictions for at least 12 months, but was followed by an apparent
deployment in 2006 demonstrating fitness to serve; notwithstanding the
numerous post-deployment medical complaints reported on 1 Apr 06. The
Medical Consultant states the applicant underwent an MEB on 23 Feb 10 and
was found unfit and placed on the TDRL. The retrospective analysis of this
case, which included the profile reports, fluctuating worldwide
qualification, intervening continuation waivers, indicates the denial of
reinstatement of the waiver, upon expiration of the applicant’s final
waiver, was a definitive indicator the applicant’s fitness to serve was
under serious review.
The complete AFBCMR Medical Consultant’s evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states that in light of the BCMR Medical Consultant’s
recommendation to change her record, she reiterates her request to receive
pay and allowances/entitlements that are authorized with being on active
duty.
The applicant’s complete response is at 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. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice warranting relief. We took notice of the
applicant's complete submission in judging the merits of the case. We
concur with the recommendation of the AFBCMR Medical Consultant that the
record should be changed to reflect the applicant was continued on active
duty orders effective 1 Nov 09 and on 24 Jun 10, she was placed on the
Temporary Disability Retired List with a 80 percent disability rating.
Therefore, we recommend her records be corrected as indicated below.
_______________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show she was not released from active duty on
30 Sep 09, but was continued on active duty orders effective 1 Nov 09 and
on 24 Jun 10, she was placed on the Temporary Disability Retired List with
a 80 percent disability rating.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2010-
01557 in Executive Session on 27 Apr 11, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Apr 10, w/atchs.
Exhibit B. Applicant’s Military Personnel Records.
Exhibit C. Letter, AFRC/SGP, dated 9 Aug 10.
Exhibit D. Letter, SAF/MRBR, dated 23 Dec 10.
Exhibit E. Letter, AFBCMR Medical Consultant, dated
11 Mar 11.
Exhibit F. Letter, SAF/MRBR, dated 21 Mar 11.
Exhibit G. Letter, Applicant, dated 25 Mar 11.
Panel Chair
AF | BCMR | CY2010 | BC-2008-04519
SGP notes to be eligible for medical retirement, the applicant must have incurred or aggravated a disqualifying condition in the line of duty. A Line of Duty (LOD) determination was provided for the diagnosis of right acoustic neuroma; however, it was not processed beyond the medical reviewer and no final determination is provided. The complete A1K evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 11...
AF | BCMR | CY2010 | BC-2010-01668
The applicant was serving on active duty orders for more than 30 days, and the Air Force was required by law to continue him on active duty orders. The applicant served on active duty continuously from 2004 until 9 Oct 09, the date of his removal from active duty. The Counsel's complete response is at Exhibit E. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The BCMR Medical Consultant recommends granting the applicant relief by changing...
AF | BCMR | CY2013 | BC 2013 01398
A complete copy of the AFPC/DPFD evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The IPEB noted she was pending surgery and granted her a 30 percent disability rating. However, at the time of the TDRL reevaluation, the applicant had not had the surgery and her physicians at the time were no longer recommending surgery. A complete copy of the AFBCMR Medical Consultants evaluation, with attachments, is...
AF | BCMR | CY2009 | BC-2009-00064
The Board further noted that after the applicants injury in Germany, he was returned to full duty after receiving occupational therapy, and that his recent injury happened during civilian employment, and therefore was EPTS. The second injury to the members wrist occurred in civilian status in 2005, and is therefore not service connected. The complete BCMR Medical Consultants evaluation is at Exhibit F. _________________________________________________________________ APPLICANT'S REVIEW...
AF | BCMR | CY2013 | BC 2013 00516
On 1 Apr 10, the applicant voluntarily separated from active duty to transfer to the Air Force Reserve after 6 years, 5 months, and 24 days of active service. On 5 Apr 10, the applicant enlisted in the Air Force Reserve. A complete copy of the BCMR Medical Consultant evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the AFBCMR Medical Consultant and Air Force evaluations were forwarded to the...
AF | BCMR | CY2010 | BC-2010-00636
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00636 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: He be reinstated to the Air Force Reserve and placed on active duty for medical hold for referral to a Medical Evaluation Board (MEB). His physicians submission of two approved line of duty (LOD) determinations was evidence that he had two...
` RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 99-01235 INDEX CODE 108.01 108.02 xxxxxxxxxxx COUNSEL: None xxxxxxxxxxx HEARING DESIRED: No APPLICANT REQUESTS THAT: Her medical records and fainting episodes be evaluated by a Medical Evaluation Board (MEB) as if she were still on active duty. A copy of the complete evaluation is at Exhibit C. The Chief, Aerospace Medicine Division, HQ AFRC/SGP, also reviewed the case and indicates...
AF | BCMR | CY2010 | BC-2010-03938
_________________________________________________________________ STATEMENT OF FACTS: The applicant was a member of the Air Force Reserve and was on active duty orders from 13 Oct 09 to 9 Jun 10. The supporting Reserve Medical Unit (RMU) was not notified of this until Apr 10; therefore, no LOD determination or profile action was taken prior her being placed on long term orders. The complete A1K evaluation is at Exhibit...
AF | BCMR | CY2013 | BC 2013 01109
We note the BCMR Medical Consultant states that had the applicant indeed completed a MEB in 2004 and was found unfit by a PEB, his case would have been referred to SAFPC for a final disposition. In this respect, we note that the applicant in PD2009-00221 was initially referred to the PEB for asthma, mild persistent and found unfit for continued military service and separated with a 10 percent disability rating, whereas in the case before us, there is no evidence the he was unable to perform...
AF | BCMR | CY2010 | BC-2010-04572
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04572 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: While it is not readily apparent, it appears as though the applicant is requesting that her lower back pain condition be determined to be in the line of duty (LOD). She had five such determinations completed. Therefore, in view of the AFBCMR Medical...