AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00126
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
He receive active duty orders for the period 1 Oct through
5 Dec 11.
_________________________________________________________________
APPLICANT CONTENDS THAT:
According to the Air Force Instruction (AFI) 36-2910, Line of
Duty (Misconduct) Determination, he should not have been taken
off of active duty orders in Sep 11 while his line of duty
determination (LOD) was pending.
In support of his appeal, the applicant provides a copy of AFRC
Form 348, Informal Line of Duty Determination, AF Form 469, Duty
Limiting Condition Report and AF Form 938, Request for
Authorization for Active Duty Training/Active Duty Tour.
The application’s complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Air Force Reserves.
AF Form 469, dated 6 Sep 11 reflects the applicant was restricted
from doing repetitive movements of the upper extremities.
On 28 Sep 11, the applicant underwent a Line of Duty
Determination (LOD) for a left rotator cuff.
The applicant departed active duty on 30 Sep 11 while his LOD was
ongoing.
On 6 Dec 11, his injury was determined to be In Line of Duty
(ILOD).
_________________________________________________________________
AIR FORCE EVALUATION:
AFMOA/SGHI recommends the applicant receive back for the period
1 Jun 11 through 31 Jun 11 [sic].
The AFMOA/SGHI complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states there is a mistake in the Air Force
evaluation. The Air Force evaluation recommends he receive back
pay for the 1 Jun 11 through 31 Jun 11. He is requesting back
pay for the period Oct 11 and Nov 11. He was placed on medical
orders in Dec 11 through Jan 12.
The applicant’s complete response is at Exhibit D.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
AFMOA/SGHI recommends approval with exception noting a correction
to the requested dates. The dates should reflect MPA orders were
continued on 1 Oct 11. The first day following the members
projected demobilization date, through his requested end date of
5 Dec 11. This change is consistent with the policy, SAF MR Memo
7 Jan 05 HQ USAF Process Procedure Message which states
"extension" of the period of mobilization is defined as
maintaining personnel on mobilization orders after the
established demobilization date specified in the orders.
Extension of mobilization orders may be warranted when an airman
has a disqualifying medical issue that cannot be resolved prior
to expiration of the orders demobilization date. In addition,
AFI 36-2910 states an LOD must be completed promptly, as the
determination will impact the member's eligibility to benefits,
such as military medical care and incapacitation pay. Members
should not be separated or retired while an LOD determination is
pending.
The complete AFMOA/SGHI complete evaluation with attachment is at
Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A corrected copy of the Air Force evaluation was forwarded to the
applicant on 16 Aug 12, for review and comment within 30 days.
As of this date, no response has been received by this office.
_________________________________________________________________
2
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 warranting
relief. After thoroughly reviewing the evidence of record and
the Air Force office of primary responsibility recommendation, we
are persuaded that the applicant should have remained on active
duty orders until the completion of his LOD. Air Force policy
reflects a service member should not be separated or retired
while an LOD is pending. Therefore, we recommend his records 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 he was not released
from active duty on 30 Sep 11, but was continued on active duty
orders effective 1 Oct 11 through 5 Dec 11.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-00126 in Executive Session on 28 Sep 12, under the
provisions of AFI 36-2603:
All members voted to correct the record as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Jan 12, w/atchs.
Exhibit B. Letter, AFMOA/SGHI, dated 23 Apr 12, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 25 Apr 12.
Exhibit D. Letter, Applicant, dated 5 May 12, w/atch.
Exhibit E. Letter, AFMOA/SGHI, dated 2 Aug 10, w/atch.
Exhibit F. Letter, AFBCMR, undated, w/atch.
Chair
Member
Member
Chair
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