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 units 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 applicants 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
AFRCs Surgeon General opinion and recommendation, we believe
that the applicants 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
applicants favor. Accordingly, we recommend the applicants
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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