RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00254 

 

 COUNSEL: 

 

 HEARING DESIRED: YES 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. She be granted a medical evaluation board (MEB) and be 
retired for physical disability, instead of being voluntarily 
transferred to the Individual Ready Reserve (IRR), effective 
6 Jun 09. 

 

2. By amendment, she alternatively requests that her records be 
corrected to reflect that she was found physically disqualified 
for reserve duty and permitted to apply for transfer to the 
retired reserve to await retired pay at age 60 in lieu of her 
voluntary transfer to the IRR. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was forced to leave the Air Force Reserve due to her 
illnesses when she should have been recommended for an MEB due 
to her shoulder surgery and other medical conditions. However, 
she was instead labeled a poor performer and threatened with an 
adverse officer performance report (OPR) if she did not 
voluntarily request a transfer from the unit. The complications 
from her shoulder surgery and subsequent hospitalization caused 
her to miss reserve duty and caused her chronic fatigue, 
negatively impacting her duty performance. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s military personnel records indicate she served 
in an Air Force Reserve unit as a traditional (part-time) 
reserve member during the matter under review. 

 

On 3 Oct 09, the applicant was issued an AF Form 469, Duty 
Limiting Condition Report, establishing duty and mobility 
restrictions which limited her to performing only annual 


training (AT) and unit training assemblies (UTA) at home 
station. She was also restricted from running any distance 
greater than 0.1 miles, pushing or pulling from the body in a 
repetitive manner, bending at the waist in a repetitive manner, 
lifting greater than 5 pounds with her right arm, overhead 
working with her right arm, and immunizations. 

 

On 26 Oct 09, the applicant was relieved of her assignment and 
transferred to the IRR, effective 4 Oct 09. According to 
information extracted from the military personnel data system 
(MilPDS), the applicant was credited with a satisfactory year of 
service with the closeout of her retention/retirement (R/R) year 
9 Jun 09 through 8 Jun 10 and attained 15 years of satisfactory 
reserve service. 

 

The Military Disability Evaluation System (DES), can, by law, 
only offer compensation for and when a service-incurred illness, 
disease, or injury rendered a member unfit for continued service 
and was the cause for career termination; and then only for the 
degree of impairment present at the “snap shot” time of release 
from military service and not based on future changes or events. 

 

In accordance with AFI 36-3212, Ready Reserve members who are 
medically disqualified for impairments unrelated to the member's 
military status and performance of duty shall be afforded the 
opportunity to enter the disability system for a determination 
of fitness only but shall not be afforded disability benefits. 

 

In accordance with Title 10 United States Code (USC), Section 
12731b, a member of the Selected Reserve who has completed at 
least 15, and less than 20, years of qualifying reserve service, 
who no longer meets the qualifications for membership in the 
Selected Reserve solely because of physical disability (does not 
have to be service-incurred), will be eligible for transfer to 
the reserve retired list to await retired pay at age 60. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFRC/SGP recommends denial of the applicant’s request for a 
medical evaluation board (MEB) and medical retirement, 
indicating the applicant’s request for a MEB would require 
evidence indicating the condition for which she feels she is 
medically unfit and deserving of a medical retirement was 
incurred or aggravated in a military status. However, there is 
no indication the shoulder surgery during which she contracted a 
bacterial infection occurred in a military status, thus a line 
of duty (LOD) determination was not required or completed. 
Without an indication of service connection, the applicant would 
not be entitled to an MEB and potential medical retirement. The 
applicant’s petition raises some significant non-medical issues 
and accusations that are well outside the scope of the Air Force 
Reserve Command Surgeons Office; however, without any evidence 


that her medical conditions were incurred or aggravated in the 
line of duty, retirement for physical disability would be 
inappropriate. 

 

________________________________________________________________ 

 

APPLICANT’S RESPONSE TO AIR FORCE EVALUATION: 

 

Counsel agrees that an MEB may not be appropriate in this case; 
however, he is absolutely certain that the provisions of Title 
10 USC 12731b do apply. This provision creates a special rule 
for reservists with physical disabilities not incurred in the 
LOD and allows for their retirement if they have attained at 
least 15 years of service. In the case of a member of the 
Selected Reserve who no longer meets the qualifications for 
membership in the Selected Reserve solely because the member is 
unfit because of physical disability, the Secretary concerned 
may, for the purpose of Section 12731 of this title, determine 
to treat the member as having met the service requirement and 
provide the member notification required if the member completed 
at least 15 years, but not less than 20 years of qualifying 
service for retirement purposes. The evidence clearly indicates 
the applicant served more than 15 years of qualifying service 
before transferring to the IRR on 26 Oct 09. The inquiry then 
becomes whether she was unfit for duty during this 15 year 
period. In fact she was, but this fact was ignored by her 
command and appropriate processing for separation due to her 
un1itting condition was not done. What should have occurred was 
the referral of applicant for a "Fit for Duty" determination. 
This determination with a consequent finding of "unfit" would 
have initiated her separation due to disability not in the line 
of duty. This in turn would have triggered 10 USC § 12371 and 
the applicant's age 60 year retirement The applicant reported 
multiple physical concerns while serving and these conditions 
rendered her unfit as evidenced by the medical profile issued 
just before her transfer to the IRR in Oct 09. What is of 
particular importance in this case is that ARPC determined that 
she was permanently disqualified due to medical conditions. It 
is patently clear that before 29 Oct 09, she was unfit for duty, 
had more than 15 years of qualifying service and should have 
been separated with 60 year retirement. ARPC fully recognized 
the unfitting nature of applicant's conditions that existed in 
2009 and neither the Air Force nor this Board can properly find 
that applicant was not entitled to 60 year retirement. 

 

A complete copy of Counsel’s response, with attachments is at 
Exhibit D. 

 

________________________________________________________________ 

 

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 with respect 
to the applicant’s request for a medical evaluation board (MEB) 
and retirement for physical disability. We took notice of the 
applicant's complete submission in judging the merits of the 
case; however, we agree with the opinion and recommendation of 
the Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion the applicant has not 
been the victim of an error or injustice with respect to her 
request for an MEB and disability retirement. Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application. 

 

4. Notwithstanding the above, sufficient relevant evidence has 
been presented to demonstrate the existence of an error or 
injustice with respect to the applicant’s request that her 
record be corrected to show that she was physically disqualified 
and transferred to the retired reserve. In this respect, we 
note the applicant has provided documentation indicating that 
she suffered from a variety of non-duty related ailments that 
apparently limited her ability to perform her military duties 
over the last several months of service. While we do not find 
the evidence presented sufficient to conclude that she was 
somehow coerced into voluntarily transferring from her reserve 
unit to the individual ready reserve (IRR), we believe that a 
preponderance of the evidence indicates that her non-duty 
related ailments should have rendered her disqualified for 
continued service. In this respect, we note the applicant was 
issued a duty limiting condition report just prior to her 
transfer to the IRR that placed her under significant duty and 
mobility restrictions. Additionally, we note the applicant has 
provided documentation indicating that shortly after her 
transfer to the IRR, she was considered for an assignment to 
another reserve unit, but found physically disqualified for said 
assignment. Therefore, in view of the above, in the interest of 
justice, we find it reasonable to conclude that her ailments 
would have rendered her disqualified for continued service and, 
in view of the fact she ultimately attained more than 15 years 
of satisfactory service, should have been allowed to apply for 
transfer to the retired reserve to await retired pay at age 60 
under the provisions of 10 USC 12731b. Therefore, we recommend 
the applicant’s records be corrected to the extent indicated 
below. 

 

5. 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 RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that she 
did not transfer to the Individual Ready Reserve (IRR) on 
4 October 2009, but continued to serve in a reserve status until 
8 June 2010 and, on that date, was transferred to the retired 
reserve under the provisions of 10 USC 12731b due to physical 
disqualification. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-00254 in Executive Session on 2 May 13, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 3 Jan 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFRC/SGP, dated 24 Mar 11. 

 Exhibit D. Letter, SAF/MRBR, dated 15 Apr 11. 

 Exhibit E. Letter, Counsel, dated 10 Dec 12, w/atchs. 

 

 

 

 

 

 Panel Chair