RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02176 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NOT INDICATED 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. He be medically continued on active duty from the period 
16 May 07 through 3 Sep 10. 

 

2. He be promoted to the grade of staff sergeant (E-5/SSgt) 
with an effective date and date of rank (DOR) of 21 May 09. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was on orders when he injured his back; however, according to 
the governing Department of Defense (DoD) and Air Force 
instructions, he should not have been released in 2007, and then 
placed back on orders in 2010, but he should have remained on 
active duty until his in the line of duty (INLOD) injury was 
fully resolved. 

 

He completed all of the requirements for the next higher grade, 
including Airman Leadership School (ALS). He is a good airman 
and has been held back due to his injury, which resulted in his 
inability to complete the current fitness assessment. 

 

In support of his appeal, the applicant submits a personal 
statement; copies of his active duty orders; DD Forms 214, Certificate of Release or Discharge from Active Duty, ending 
13 Sep 07 and 3 Sep 10, respectively; AF IMTs 348, Line of Duty 
Determination, and other supporting documents from his military 
personnel and servicemember medical records. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Based on the available records, the applicant was recalled to 
extended active duty (EAD) in support of Operation IRAQI FREEDOM 
(OIF), on 16 May 07 until 13 Sep 07. He was released upon 
completion of his EAD tour. 

 


The applicant was recalled to EAD, on 8 Feb 10, and his orders 
reflected for medical appointment and evaluation. The 
applicant’s EAD orders were extended to 30 May 10, then to 
30 Jun 10. The applicant was continued on active duty until his 
release on 3 Sep 10. 

 

The applicant was promoted to the grade of staff sergeant with 
an effective date and Date of Rank (DOR) on 1 Feb 11. 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

NGB/A1PS recommended denial in its initial advisory, stating, in 
part, after a thorough review of the documentation provided, the 
applicant failed to show that he was unable to perform military 
duty, by submission of the AF Form 469, Duty Limiting Condition 
Report. They further noted unless the applicant was unable to 
perform military duty, he would not qualify for return to active 
duty under the Secretary of the Air Force (SAF) policy. 

 

EXAMINER NOTE: The applicant responded to the Air Force 
evaluation and provided the required AF Form 469 and copies of 
AF Forms 422 and A1PS revised their recommendation to correct 
the applicant’s record to reflect amendment of his orders for 
the period 7 Jun 08 – 10 Aug 10, based on the documentation 
provided. 

 

The NGB/A1PS evaluation, with attachments, is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

The applicant noted the recommendation and opinions in the 
initial evaluation and provided copies of the AF Form 469, Duty 
Limiting Condition Report and AF Forms 422, Physical Profile 
Serial Report to substantiate his contentions. 

 

He disagrees with the recommendation to amend his orders 
beginning on 7 Jun 08 and feels it’s only fair that his orders 
be amended back to 30 Jan 08, because the medical profile, 
reflecting the same restrictions should have been annotated by 
the medical provider that he was restricted from participating 
in his monthly unit training assemblies (UTAs). Had he been 
able to remain on EAD, his injury would not have become worse 
and possibly been resolved faster. 

 

He should have his DOR to SSgt pushed back since the fitness 
test was the only requirement he did not meet and that was out 
of his control. 

 

The applicant’s complete email response is at Exhibit E. 

 


________________________________________________________________ 

 

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 
partial relief. In this respect, we note the applicant was on 
active duty orders in support of OIF and sustained an injury to 
his lower back. Subsequent to the receipt of the National 
Guard Bureau (NGB) evaluation, A1PS provided a revised 
recommendation to correct the applicant’s record to show that he 
was ordered to active duty from 7 Jun 08 to 10 Aug 10. While we 
note the applicant believes his orders should be started at the 
latest on 30 Jan 08 rather than 7 Jun 08, there is no 
documentation to show he was unable to perform his military 
duties until he was placed in a duty limiting status (AF Form 
469) on 7 Jun 08. Accordingly, we agree with the opinion and 
recommendation of the NGB office of primary responsibility the 
applicant should have been placed on medical continuation orders 
from 7 Jun 08 to 10 Aug 10, the date the Formal Physical 
Evaluation Board determined the applicant should be returned to 
duty. Therefore, we recommend his record be corrected as 
indicated below. 

 

4. In regard to the applicant’s request that his DOR to the 
grade of staff sergeant be adjusted to 21 May 09, IAW ANGI 36-
2502, Table 1.1, Rule 1, an airman is not eligible for promotion 
if he/she is not qualified for worldwide duty; since he was not 
eligible for worldwide duty, we find no basis to adjust his DOR. 
Therefore, we conclude the applicant has failed to sustain his 
burden that he has suffered either an error or an injustice. 
Consequently, we find no basis to recommend granting this 
portion of his request. 

 

________________________________________________________________ 

 

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 
placed on extended active duty for the period 7 June 2008 until 
his release from active duty on 10 August 2010. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-02176 in Executive Session on 13 March 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 5 Jun 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, NGB/A1PS, dated 5 Jul 11, w/atchs. 

 Exhibit D. Letter, SAF/MRBR, dated 15 Jul 11. 

 Exhibit E. Email, Applicant, dated 27 Aug 11. 

 Exhibit F. Email, NGB/A1PS, dated 23 Feb 12, w/atchs. 

 

 

 

 

 Panel Chair