RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04296
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He receive active duty pay and retirement points for the period
of 17 February 2011 through 24 April 2011.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was injured while deployed and was unwillingly taken off of
orders on 16 February 2011. The 934 Aeromedical Staging
Squadrons (ASTS) point of contact told him his Medical
Continuation (MedCon) orders would start on 17 February 2011.
He was told to see a civilian doctor but was not advised to have
all required documents for MedCon orders faxed to the ASTS. His
doctors office could not rush the medical documents to the ASTS
which further delayed the processing of his orders. He did not
receive his orders until 25 April which put a financial and
emotional strain on him and his family.
In support of his request, the applicant submits his
congressional inquiry package with attachments.
The applicants complete submission with attachments is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the grade of Technical
Sergeant (TSgt) E-6, in the Air Force Reserves.
The applicant was on Military Personnel Appropriation (MPA) for
Contingency orders from 31 August 2010 through 16 February 2011.
On 27 November 2010, while deployed to Bagram Air Base (AB)
Afghanistan the applicant injured his right shoulder. On
6 January 2011 an AFRC IMT 348, Informal Line of Duty
Determination (LOD) was initiated in theater. The finding was
In Line of Duty (ILOD) and reflected that while lifting weights,
in the Bagram AB gym, the applicant experienced a sudden onset
of pain in his right shoulder. The LOD was re-accomplished by
the 934 ASTS in the Automated Line of Duty (ALOD) system on
3 April 2011 and completed through the Wing Appointing Authority
on 25 April 2011.
________________________________________________________________
AIR FORCE EVALUATION:
AFMOA/SGHI recommends partial approval. SGHI indicates they
concur the applicant should receive back pay for the period of
17 February 2011 through 14 March 2011 instead of 24 April 2011,
because he declined the offer of incapacitation pay which would
have started on 15 March 2011, the date of his surgery.
The complete AFMOA/SGHI evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reiterates his previous contentions that he
injured himself on 27 November 2010 while on active duty orders.
He was treated conservatively in theater until his return home
for further follow-up. He continued treatment, and surgery was
scheduled for 15 March 2011. He had elected to remain on active
duty orders per AFRCI 36-3004, Incapacitation Pay and Management
of Reservist Continued on Active Duty Order, chapter 1.1.3. He
was unwillingly taken off of active duty orders and the 934 ASTS
failed to process the MedCon orders in a timely manner. It was
neither by his request or approval that he was taken off active
duty orders, therefore it was in error.
The applicants complete response, 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 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 27 November 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.
The AFMOA/SGHI recommendation is noted; however, we believe
continuance on active duty orders until such time as his LOD
medical condition was resolved provides full and fitting relief.
Therefore, the applicants record 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 16 February 2011, but was continued
on active duty until 26 June 2011.
________________________________________________________________
The following members of the Board considered this application
BC-2011-04296 in Executive Session on 19 June 2012, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 October 2011, w/atchs.
Exhibit B. Letter, AFMOA/SGHI, dated 16 February 2012.
Exhibit C. Letter, SAF/MRBR, dated 1 March 2012.
Exhibit C. Letter, Applicant, dated 20 March 2012.
Panel Chair
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