RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00326 

 COUNSEL: NONE 

 HEARING DESIRED: NOT INDICATED 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He receive service credit for the period April 2008 through 
June 2010 due to ongoing medical treatment for a service-
connected injury. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. He should have been retained on active duty orders until the 
doctors and the Air Force could come to terms on what to do 
(surgery). He knows this was supposed to take place before 
relieving him from service. 

 

2. He has been trying to go through all avenues at the unit 
level but no one can get him a straight answer, “it was always 
wait.” 

 

In support of his request, the applicant provides copies of AF 
Form 356, Findings and Recommended Disposition of USAF Physical 
Evaluation Board (PEB); AF IMT 618, Medical Board Report; AF 
Form 469, Duty Limiting Condition Report; AF Form 422, Physical 
Profile Serial Report; AF IMT 348, Line of Duty Determination, 
and medical records. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant deployed in support of Operation IRAQI FREEDOM 
from 10 May 2007 to 15 October 2007 with orders extended through 
15 October 2007. During the deployment, he sustained a lower 
back injury and was placed on active duty continuation orders 
(medical hold) from 16 October 2007 to 16 December 2007. His 
orders were later extended through 15 April 2008. 

 

On 16 October 2007, a Line of Duty (LOD) determination was 
initiated due to lower back pain from pushing concrete T-walls 
during his deployment and on 12 August 2008, his injury was 
found to be ILOD. 

 


On 2 July 2009, the applicant’s records met a Medical Evaluation 
Board (MEB) for degenerative disc disease of the lumbar spine. 
The MEB recommended the applicant be referred to an Informal 
Physical Evaluation Board (IPEB). 

 

On 19 August 2009, the IPEB found the applicant unfit and 
recommended his discharge with severance pay with a disability 
rating of 20 percent. In December 2009, he waived his election 
to demand a formal hearing for the purpose of concurring with 
the IPEB’s recommendation and findings. 

 

On 11 January 2010, officials within the Office of the Secretary 
of the Air Force (SAF) determined the applicant was physically 
unfit for continued military service and directed an honorable 
discharge with severance pay. However, since he had 20 years of 
satisfactory service, he had the option to transfer to the 
Inactive Status List Reserve Section (ISLRS) for the purpose of 
retirement in lieu of discharge with severance pay. The 
applicant elected to be discharged with severance pay as 
provided under Title 10, U.S.C., Chapter 61, Section 1203. 

 

Per ARPC/DPTTR, on 12 August 2010, the applicant declined 
severance pay and applied for retirement to be effective on 
22 June 2010. 

 

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, D and F. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

NGB/A1PS recommends denial. A1PS states the applicant is asking 
for service credit for the period April 2008 to June 2010 and is 
claiming he should have been retained on active duty during this 
period. A thorough review of the documentation provided failed 
to validate that he was unable to perform military duties during 
this period. 

 

The complete A1PS evaluations are at Exhibits C and D. 

 

_________________________________________________________________ 

 

ADDITIONAL AIR FORCE EVALUATION: 

 

The BCMR Medical Consultant recommends the record be corrected 
to reflect the applicant was on active duty status (medical 
hold) from 16 April 2008 through 11 January 2010 to coincide 
with its final determination and the transfer order to Inactive 
Status List Reserve Section (ISLRS) for the purpose of 
retirement in lieu of discharge. The BCMR Medical Consultant 
states, from April 2008 through June 2010, clinical notes 
indicate the applicant was actively receiving care and had 


significant duty limiting restrictions. More specifically, a 
duty limiting condition report (AF Form 469) on 1 May 2009 
detailed significant duty limiting restrictions which were 
clearly inconsistent with functional capabilities of his duty 
requirements. The IPEB found the applicant unfit and 
recommended discharge with severance at 20 percent disability 
rating for chronic low back pain with degenerative joint-disease 
at L3-L5. The applicant subsequently waived his right for a 
Formal PEB and agreed with the IPEB recommendations. While 
additional care was received after acceptance of the IPEB 
recommendation, there is no conclusive evidence that the 
applicant's condition worsened or a significant change in 
treatment course was instituted. More importantly, the 
applicant waived the request for a Formal PEB on 4 December 2009 
and elected to be discharged with severance pay as provided 
under Title 10, U.S.C., Chapter 61, Section 1203. Therefore, the 
BCMR Medical Consultant opines the applicant's concurrence with 
the findings of the IPEB and subsequent waiving of a hearing 
before the formal PEB constituted sufficient acknowledgement of 
his status as unfit for continued military service. In 
addition, due to the active course of treatment and therapeutic 
interventions which occurred throughout the board review 
process, the reviewer recommends extension of his active duty 
status from 16 April 2008 through 11 January 2010 to coincide 
with its final determination and the transfer order to ISLRS for 
purpose of retirement in lieu of discharge. 

 

The complete BCMR Medical Consultant’s evaluation is at 
Exhibit F. 

 

_________________________________________________________________ 

 

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE ADVISORY: 

 

The applicant responded by stating he agrees with the BCMR 
Medical Consultant recommendation. He also provides 
clarification to some points made in the Medical Consultant 
advisory. 

 

The applicant’s complete response is at Exhibit H. 

 

_________________________________________________________________ 

 

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 an error or injustice warranting 
corrective action. The applicant requests he receive service 
credit for the period April 2008 through June 2010 with back pay 


due to his ongoing medical treatment for a service connected 
injury. After a thorough review of the evidence of record and 
the applicant's submission, we believe relief is warranted. In 
this respect, the applicant was on active duty orders in support 
of Operation Iraqi Freedom and sustained an injury to his back as 
a result of pushing concrete T-walls. Subsequently, the injury 
was found to be In the Line of Duty (ILOD). However, contrary to 
established guidance dictating that he remain on an active status 
until processed through the disability evaluation system, it 
appears he was released from active duty without due process. As 
such, we believe the applicant has suffered an injustice. With 
respect to his request for clarification of the service dates 
contained in the BCMR Medical Consultant’s advisory opinion, the 
available records reflect the applicant entered active duty on 
23 July 1979 and was honorably discharged on 24 October 1987. 
His NGB Form 22, Report of Separation and Record of Service 
reflects that he entered the Air National Guard on 21 August 1988 
and was discharged 21 June 2010. In view of the above, we agree 
with the opinion and recommendation of the BCMR Medical 
Consultant and recommend that the applicant be continued on 
active duty status from 16 April 2008 through 11 January 2010. 
Accordingly, we recommend his record 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 that he was not 
released from active duty on 15 April 2008, but was continued on 
active duty until 11 January 2010. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-00326 in Executive Session on 3 November 2011, 
under the provisions of AFI 36-2603: 

 

 Acting Panel Chair 

Member 

 Member 

 

 

 

 

 

 

 

 

 

 

 


 

All members voted to correct the records, as recommended. The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-00326 was considered: 

 

 Exhibit A. DD Form 149, dated 28 January 2011, 

 w/atchs. 

 Exhibit B. NGB/A1PS, Letter, dated 29 March 2011, 

 w/atchs. 

 Exhibit C. NGB/A1PS, Letter, dated 28 March 2011 

 w/atchs. 

 Exhibit D. NGB/A1PS, Letter, dated 2 June 2011. 

 Exhibit E. SAF/MRBR, Letter, dated 17 June 2011. 

 Exhibit F. BCMR Medical Consultant, Letter, dated 

 12 September 2011. 

 Exhibit G. SAF/MRBC, Letter, dated 7 October 2011. 

 Exhibit H Applicant’s Rebuttal, Letter, dated 

 19 October 2011. 

 

 

 

 

 

 Acting Panel Chair