RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02344 

 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His current Title 10 Military Personnel Appropriation (MPA) 
active duty orders for the period of 16 June 2011 through 
12 August 2011 be amended to show a start date of 1 April 2011 
versus 16 June 2011. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

On 5 December 2010, while on active duty and during fit-to-fight 
testing he aggravated his injured knee. He did not think the 
injury was serious and treated it with cold compresses and 
occasional ibuprofen. He continued to perform all duties asked 
of him. 

 

On 17 March 2011 he went to the McGuire AFB clinic with pain and 
discomfort in his right knee. He also saw the Reserve Medical 
Liaison Officer and began the processing of the LOD. He was 
subsequently exempted from PT sessions by way of physical 
profile/duty limiting reports. 

 

While the LOD was being prepared and submitted his 120-day MPA 
order ended on 31 March 2011. He was released from active duty 
pending determination of the LOD. 

 

In late May 2011 he attempted to return to his civilian job. 
However, he was informed by his employer that until his injury 
was corrected he could not return to work. 

 

The LOD was approved on 10 June 2011 but his medical 
continuation orders were not finalized until 16 June 2011. His 
chain of command says the MPA orders should be effective from 1 
April 2011, but they cannot automatically correct this. He 
needs to apply to this Board to have the dates corrected. 

 

In support of his request, the applicant submits personal 
statements, an AFRC IMT 348 Informal Line of Duty Determination 
w/attachments dated 9 June 2011, AF Forms 422, Physical Profile 
Serial Report dated 25 March 2011, two AF Form 469, Duty 
Limiting Condition Report dated 17 March 2011 and 16 May 2011, 


copies of four MPA orders with corresponding AF IMT 938, Request 
and Authorization for Active Duty Training/Active Duty Tour 
dated 1 October 2009 through 31 September 2010, 1 October 2010 
through 31 October 2010, 1 December 2010 through 31 March 2011, 
and 16 June 2011 through 12 August 2011, and supporting email 
messages. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is currently an enlisted member of the Air Force 
Reserves serving in the grade of Staff Sergeant (SSgt) E-5. 

 

The applicant was on MPA orders from 1 December 2010 through 
31 March 2011. On 17 March 2011 an Informal Line of Duty 
Determination was initiated. The findings were In Line of Duty 
(ILOD) and reflect the applicant aggravated his injured knee 
while on active duty during fit-to-fight testing on 
5 December 2010. 

 

Additional relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force. Accordingly, there is no need to recite these 
facts in this Record of Proceedings. 

 

Examiners note: According to the governing SAF/AA policy letter 
dated 8 December 2006, (Exhibit B) entitlement to medical 
continuation orders begins when the condition renders the member 
unable to perform military duty not when the injury occurred or 
when the airman was released from active duty. In this case, on 
17 March 2011, the applicant went to the base clinic for pain 
and discomfort in his right knee while still on active duty 
orders. His MPA orders terminated as previously scheduled on 
31 March 2011. The applicant was not continued on active duty 
or placed on medical continuation orders until 16 June 2011 
after completion of the LOD determination. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFRC/SGP recommends partial relief. SGP states the applicant is 
requesting back pay and allowances for the period from 
1 April 2011 through 15 June 2011. They concur with back pay 
and allowances beginning 16 May 2011. SGP opines the applicant 
had an injury well before it was reported and he was able to 
continue working in his AFSC without difficulty. At no time was 
he disqualified for continued military duty, nor was he unable 


to perform his duties. His first period of disqualification is 
noted on the AF Form 469 which is dated 16 May 2011. 

 

An LOD determination was initiated 17 March 2011. This LOD was 
completed with a finding of ILOD on 10 June 2011. IAW DoDI 
1241.2 Reserve Incapacitation System Management, Air Reserve 
Component (ARC) members who incur an injury while on orders for 
31 days or more will be continued on active duty orders until 
found fit for duty or separated via the Disability Evaluation 
System. 

 

The complete AFRC/SGP evaluation is at Exhibit C 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant states he completely disagrees with the Air Force 
office of primary responsibility’s findings. He states he does 
not have any materials on hand regarding this issue but 
according to the regulations he referenced in his initial 
filing, he should not have been removed from orders on 
31 March 2011. The regulation states (he paraphrases) that once 
an LOD is being processed a member will not have his/her orders 
terminated. The orders he was on beginning on 1 December 2010 
were originally through 31 May 2011 but were amended several 
times for manning reasons. He continued to work because he 
thought the injury was not severe. Only after the condition 
persisted and became worse did he seek medical treatment. 
Additionally the detail he worked on was short manned and would 
not have been able to complete their mission if he had entered 
on a Duty Not to Include Flying (DNIF) status. 

 

The applicant’s complete response is at Exhibit G. 

 

________________________________________________________________ 

 

ADDITIONAL AIR FORCE EVALUATION: 

 

AFRC/SG recommends partial approval. AFRC/SG indicates they 
concur the applicant should receive back pay and allowances 
beginning 16 May 11. Prior to 16 May 11, the applicant was not 
disqualified for continued military duty, nor was he unable to 
perform duty. 

 

The complete AFRC/SG evaluation is at Exhibit F. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: 

 

The applicant reiterates his previous contentions. 

 

The applicant complete response is at Exhibit G. 


 

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. After 
considering the totality of the evidence before us, we are 
persuaded that 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 found 
fit for 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 17 March 2011 injury, which was 
determined to be ILOD, he should have been retained on active 
duty until the final disposition of his DES processing occurred. 
We noted AFRC/SGP opines that the applicant’s first documented 
period of disqualification as noted on the AF Form 469, was 
16 May 11. Prior to that period he was not disqualified for 
continued military duty nor was he unable to perform duty. 
However, we believe the applicant has provided sufficient 
evidence to warrant his continuance on active duty orders until 
such time as his LOD medical condition was resolved. Therefore, 
the applicant’s record should be corrected as indicated below. 

 

4. 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 DETERMINES 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 31 March 2011, but was continued on 
active duty until 12 August 2011. 

 

________________________________________________________________ 

 

The following members of the Board considered this application 
BC-2011-02344 in Executive Session on 15 March 2012, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 


, Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 23 June 2011, w/atchs. 

 Exhibit B. Letter, SAF/AA Guidance, dated 8 December 2006. 

 Exhibit C. Letter, AFRC/SGP, dated 19 August 2011, w/atchs. 

 Exhibit D. Letter, SAF/MRBR, dated 10 November 2011. 

 Exhibit E. Message, AFRC/SG, dated 9 February 2012. 

 Exhibit F. Message, AFBCMR, dated 1 March 2012. 

 Exhibit G. Message, Applicant, dated 14 February 2012 

 

 

 

 

 

 

 Panel Chair 

 

 


 

AFBCMR BC-2011-02344 

 

 

 

 

MEMORANDUM FOR THE CHIEF OF STAFF 

 

 Having received and considered the recommendation of the Air Force Board for 
Correction of Military Records and under the authority of Section 1552, Title 10, United States 
Code it is directed that: 

 

 The pertinent military records of the Department of the Air Force relating to the 
APPLICANT be corrected to show that he was not released from active duty on 31 March 2011, 
but was continued on active duty until 12 August 2011. 

 

 

 

 

 

 Director 

 Air Force Review Boards Agency