RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02185 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His active duty orders for the period 1 October 2009 to 
30 September 2010 be extended to 5 October 2011 due to his In-
the-Line-of-Duty (ILOD) injury. 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

During his active duty tour, he incurred a severe tibia/fibula 
fracture of his right leg in a motorcycle accident while 
participating in a commander approved race event on 3 September 
2010. A Line of Duty (LOD) determination was initiated on 
26 November 2010 and finalized with a finding of ILOD on 5 April 
2011. A Duty Limiting Condition Report, dated 5 April 2011, 
indicates his release from physical limitations/restrictions 
would expire on 5 October 2011. 

 

In support of his appeal, the applicant provides copies of 
civilian and military medical records, his California Drivers 
License, Informal Line of Duty Determination, Ground Mishap 
Worksheet, Safety Monitor Witness Statement, and active duty 
orders. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is currently a member of the Air Force Reserve 
(AFRES) serving in the grade of technical sergeant (E-6). 
According to the Informal LOD Determination, dated 5 December 
2010, the applicant was racing his motorcycle in a sanctioned 
event on 3 September 2010. His motorcycle was struck by another 
contender and the applicant was thrown off, leading to his 
injuries. The applicant’s active duty orders ended on 
30 September 2010; therefore, he was released from active duty. 

 

According to the AFRES Deputy Command Surgeon, Clinical 
Operations/Command Nurse, an LOD determination was initiated on 
26 November 2010 and was finalized with a finding of ILOD on 
5 April 2011. 

 


According to a medical evaluation by a Family Practitioner, dated 
20 January 2011, “Patient had internal fixation of right tibia 
and fibula. Patient reports no issue or problem. Patient takes 
vicodin 1-2 tablets twice a week for acute pain/ache. Patient 
will follow up in 3 mns [months]. Otherwise patient is cleared 
to return to duty.” However, a subsequent medical evaluation by 
an Orthopedics physician, dated 28 March 2011, indicates “His 
[Patient] recovery is on course for such a severe injury. It may 
take 18-24 mo [months] from injury for him to recover to nearly 
full function. It is not unreasonable to expect him to recover 
to the point that he can continue in the security forces career 
field, but it will take longer than 1 year after the injury to 
reach maximum recovery. For now his restrictions should be sit 
down job/light duty, no deployment/mobility. These restrictions 
have been continuous since Sep 10 and any return to duty 
restrictions determination from Jan 11 was in error.” 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFRC/SGP recommends partial grant. SGP states that in accordance 
with Department of Defense Instruction (DoDI) 1241.2, Reserve 
Incapacitation System Management, Air Reserve Component (ARC) 
members on orders for more than 30 days who incur a condition in 
the line of duty that renders them unfit for military duty will 
be retained on active duty orders until returned to duty or 
separated via the disability evaluation system. A 20 January 
2011 medical evaluation indicates the applicant was having no 
problems and was cleared for duty. It appears the applicant met 
the requirements for retention on active duty orders for pay and 
allowances for the period of 1 October 2010 to 20 January 2011. 
However, nothing provided indicates a need to continue these 
entitlements through 5 October 2011 as requested. 

 

The complete SGP evaluation, with attachment, is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The Family Practice physician’s 20 January 2011 determination to 
return him to full, unlimited duty was in error, as noted by the 
orthopedic commander. The Orthopedic physician’s evaluation on 
28 March 2011 provides clear detail of the extent of his severe 
injury and that the recovery time would be 16-24 months. 

 

The applicant’s complete rebuttal, with attachments is at 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. Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. After 
considering the totality of the evidence before us, we are 
persuaded that the requested relief is warranted in this case. 
In this regard, we note that in accordance with DoDI 1241.2 
Reserve members on orders for more than 30 days who incur a 
condition in the line of duty that renders them unfit for 
military duty will be retained on active duty orders until they 
are either returned to duty or separated via the disability 
evaluation system (DES). In view of this and since the 
applicant was on such orders at the time of his 3 September 2010 
injury, which was determined to be ILOD, he should have been 
retained on active duty until the final disposition of his DES 
processing occurred. AFRC/SGP opines the applicant met the 
requirements for retention on active duty orders for the period 
of 1 October 2010 to 20 January 2011, based on a 20 January 2011 
medical evaluation, rendered by a Family Practice Physician, 
which indicated that he was having no problems and was cleared 
for duty. However, based on the comments of the orthopedic 
physician, we believe the applicant has provided sufficient 
evidence to warrant his continuance on active duty orders until 
5 October 2011. In this respect, we note the 28 March 2011 
medical evaluation, in which an orthopedic physician indicated 
the applicant’s injury would take longer than a year from the 
date of the injury to reach maximum recovery and that in the 
meantime he could be utilized in a restricted capacity, i.e., 
sit-down job/light duty, with no deployment/mobility. The 
orthopedic physician also indicated the 20 January 2011 “return 
to duty without restrictions” determination by a family practice 
physician was in error. Based on the aforementioned, the Board 
believes that in order to provide the applicant fair and 
equitable relief, his records should be corrected as indicated 
below. 

 

_________________________________________________________________ 

 

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 active duty on 30 September 2010, but was continued 
on active duty until 5 October 2011. 

 

_________________________________________________________________ 

 


The following members of the Board considered AFBCMR Docket 
Number BC-2011-02185 in Executive Session on 2 February 2012, 
under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence for AFBCMR Docket Number BC-2011-
02185 was considered: 

 

Exhibit A. DD Form 149, dated 18 May 11, w/atchs. 

 Exhibit B. Letter, AFRC/SGP, not dated, with atch. 

 Exhibit C. Letter, SAF/MRBR, dated 16 Sep 11. 

 Exhibit D. Letter, Applicant, dated 2 Oct 11, w/atchs. 

 

 

 

 

 

 Panel Chair