RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01854
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
1. She be allowed to meet a Medical Evaluation Board (MEB).
2. She be paid for her unit training assemblies (UTAs) she
performed during the months of Oct, Nov, and Dec 10.
________________________________________________________________
APPLICANT CONTENDS THAT:
She believes if her medical records had been properly evaluated,
she could have been medically retired.
Her medical conditions of chronic back pain and knee pain should
have undergone a Medical Evaluation Board (MEB) and she should
have been medically separated under the Disability Evaluation
System (DES).
Her Air Force Reserve enlistment should not have been voided;
but, she should have been medically separated from the United
States Air Force Reserve (USAFR).
She was not paid for the UTAs that she performed prior to her
Reserve enlistment contract being voided.
In support of her appeal, the applicant provides a personal
statement; Memoranda for Record (MFRs) related to her USAFR
inquiries; congressional inquiry, and other supporting
documents, including extracts from her servicemember medical
record (SMR).
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant reenlisted in the Regular Air Force on 20 Dec 05
for a period of four years and nine months, in the grade of
staff sergeant (E-5/SSgt).
Her medical evaluation indicated that she has had chronic back
pain since 2005 when lifting a patient, and she was involved in
a motor vehicle collision (MVC) in 2006. In addition, it noted
that the applicant was able to run but her back would bother-
her afterwards. On 16 Jul 10, she had an MRI that showed no
significant disc disease or nerve impingement, but mild
spondylosis was seen at the lumbar facets. She also had some
knee pain, which was assessed with an MRI in 2008 which showed
no internal derangement. Other medical documents states that
she was able to run on it, and only had mild soreness after long
runs. The physician commented that the symptoms were more
consistent with patella-femoral syndrome.
The applicant was discharged, on 19 Sep 10, and was enlisted in
the USAFR on 20 Sep 10. Her reason for separation was
completion of required service, with service characterized as
honorable. She was credited with 7 years, 11 months, and 4 days
of active duty service.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPAMM recommends denial, stating, in part, that the
applicant's contention that she undergo an MEB for her medical
conditions is unfounded. She is medically acceptable for
continued military service, thus does not meet the conditions
for a MEB.
They note that Air Force Instruction (AFI) 48-123 Medical
Examinations and Standards, para 5.3.14 states the spine
conditions requiring an MEB, and para 5.3.13.2.5 states the
conditions of the knee that require an MEB. Although there
isn't much medical information in this BCMR package, her
statements, DD Form 2697, DD Form 2808 and DD Form 2807-1 give
no indication that her medical conditions meet the requirements
for an MEB. Medical accession standards, which were utilized by
the USAFR to gauge her medical acceptability, are governed by
DODI 6130.03.
The criteria for medical acceptability of a member are different
for retention and enlistment. Although the applicant does not
appear to meet the criteria to undergo an MEB, her same medical
conditions have been deemed disqualifying for entry into the
USAFR.
The complete AFPC/DPAMM evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 16 Sep 11 for review and comment within 30 days.
As of this date, no response has been received by this office
(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 error or injustice in regard to the
applicants request for an MEB. 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 that the applicant has
not been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this portion of the
application.
4. Notwithstanding the above, sufficient relevant evidence has
been presented to demonstrate the existence of error or
injustice regarding the applicants request to be paid for unit
training assemblies (UTAs) she performed. In this respect, we
note the applicant upon separating from active duty was
erroneously enlisted in the Air Force Reserve and her Reserve
enlistment was voided. Nonetheless, it appears that prior to
the determination the applicant did not meet medical standards
for enlistment, she performed her monthly UTAs for the months of
Oct, Nov, and Dec 10, at the direction of her commander.
Therefore, we believe that it is in the interest of justice to
compensate the applicant for this inactive service.
Accordingly, we recommend the applicants record be corrected as
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 issue(s)
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 APPLICANT, be corrected to show that she was
in a temporary duty status for a sufficient number of days to
accumulate an entitlement of $1032.00.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-01854 in Executive Session on 16 February 2012,
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 May 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPAMM, dated 26 Aug 11.
Exhibit D. Letter, SAF/MRBR, dated 16 Sep 11.
Panel Chair
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