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AF | BCMR | CY2011 | BC-2011-01854
Original file (BC-2011-01854.txt) Auto-classification: Approved
 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 applicant’s 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 
applicant’s 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 applicant’s 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 applicant’s 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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