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AF | BCMR | CY2012 | BC-2012-00126
Original file (BC-2012-00126.pdf) Auto-classification: Approved
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. 
 
_________________________________________________________________ 
 

 

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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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