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AF | BCMR | CY2011 | BC-2011-01431
Original file (BC-2011-01431.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2011-01431
		COUNSEL:  NONE
		HEARING DESIRED: YES

	 

________________________________________________________________
_

APPLICANT REQUESTS THAT:

His AF Form 469, Duty Limiting Condition (DLC) Report, be 
corrected to reflect the appropriate period of 23 Oct 10 through 
30 Jan 11.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

1. While deployed, he injured his right shoulder.  The doctors 
told him there was some damage, but it would be better diagnosed 
with a Magnetic Resonance Imaging (MRI).  He had to wait until 
he returned to his home base at Andrews to be evaluated. 

2. After returning from his deployment, he was informed that he 
had to be seen by a doctor from the family practice at Malcolm 
Grow Medical Center before a Line of Duty Determination (LOD) 
could be started and before his orders could be extended.

3. He contacted his unit’s orderly room asking about having his 
orders extended because he could not get a medical appointment 
with the orthopedic surgeon until 4 Nov 10.  However, he was 
told his LOD had not been completed and that his LOD had to 
accompany his Command Manday Allocation System (CMAS) order 
request.

4.  After meeting with the surgeon, it was determined he needed 
to have surgery which was scheduled for 18 Nov 10; however, due 
to other medical tests that needed to be done, surgery was 
pushed back to 23 Nov 10. 

5. On 5 Nov 10, his LOD was approved; however, his CMAS orders 
had not been accomplished due to a discrepancy with his profile 
and LOD.  His surgeon was contacted and fixed the problem on 
29 Nov 10.

6. On 5 Jan 11, he was notified that his orders had been 
approved; however, he was advised the orders would only cover 
the period of 19 Nov 10 through 30 Jan 11.

In support of his request, the applicant provides a personal 
statement, excerpts from his personnel and medical records, and 
e-mail communications.

His complete submission, with attachments, is at Exhibit A. 

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve 
(AFR) in the grade of senior airman (E-4).

The applicant was on military personnel appropriation (MPA) 
orders from 6 May 10 through 22 Oct 10.  On 5 Aug 10, a 455 AEW 
Mishap Report was accomplished that reflects he injured his 
right shoulder while exercising his upper body on a flat bench.

Additional relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force.  Accordingly, there is no need to recite these 
facts in this Record of Proceedings.

________________________________________________________________
_

AIR FORCE EVALUATION:

AFRC/SG recommends denial.  The applicant was placed on MPA 
medical continuation orders on 19 Nov 10.  His orders were not 
backdated to the initial release from active duty due to the 
fact he was not on a profile for that time indicating he was 
unfit for military duty.  While in physical therapy, leading up 
to surgery it does not appear the applicant was unable to 
perform the duties of his office, grade or rank, though he was 
under some duty limitations, there is no indication he was unfit 
for duty.  According to the governing SAF/AA policy, entitlement 
to medical continuation orders begins when the condition renders 
the member unable to perform military duty not when the injury 
was occurred or when the airman was released from active duty.  
In this case, the applicant became unable to perform military 
duty at the time of his surgery and was returned to active duty.

The complete AFRC/SG evaluation is at Exhibit B.

AFMOA/SGHI recommends approval with exceptions.  The approved 
dates are from 23 Oct 10 through 30 Jan 11.  The records should 
be corrected to show an AF Form 469 was dated 29 Oct 10 through 
28 Dec 10.  This change incorporates a continuation of the first 
DLC dated 28 Sep 10 and the DLC dated 29 Dec 10.  In addition, 
if back pay is granted, SGHI recommends the applicant’s order be 
extended from the deployment order ending 22 Oct 10.  Dates are 
inclusive of 23 Oct 10 to 18 Nov 10 and no change in start date 
of CMAS orders of 19 Nov 10 as request was not submitted until 
22 Nov 10.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation were forwarded to the 
applicant on 28 Oct 11 for review and comment within 30 days.  
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.  Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice warranting 
corrective action.  We took notice of the applicant's complete 
submission in judging the merits of the case.  While we note the 
AFRC’s Surgeon General opinion and recommendation, we believe 
that the applicant’s medical condition while on EAD, led to his 
incapacitation and it is our opinion that he should have 
remained on active duty until his condition had been fully 
resolved.  Therefore, in light of the evidence submitted by the 
applicant, we agree with the AFMOA/SGHI recommendation and find 
there is a sufficient basis for resolving any doubt in the 
applicant’s favor.  Accordingly, we recommend the applicant’s 
record be corrected to the extent indicated below.  

4.  Hearing statement

________________________________________________________________

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 extended active duty on 23 October 2010, but, 
was continued until 30 January 2011.

______________________________________________________________

The following members of the Board considered AFBCMR Docket Number 
BC-2011-01431 in Executive Session on 24 Jan 12, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member



All members voted to correct the records, as recommended.  The 
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Apr 11, w/atchs.
    Exhibit B.  Letter, AFRC/SG, dated 18 Sep 11.
    Exhibit C.  Letter, AFMOA/SGHI, dated 17 Oct 11, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Oct 11.




                                   
                                   Panel Chair

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