AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 

 
 

 
 

 

 

 
 

DOCKET NUMBER:  BC-2012-00966 
COUNSEL: NONE 
HEARING DESIRED:  YES 

IN THE MATTER OF: 
      
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT:  
 
His Reserve Retirement be changed to a disability separation with 
entitlement  to  disability  severance  pay  or  a  disability 
retirement.   
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He  should  have  been  retained  on  active  duty  subsequent  to  his 
deployment  (in  excess  of  31  days)  to  be  evaluated  under  the 
Disability  Evaluation  System  (DES)  due  to  sustaining  a  back 
injury while he was deployed.  Through his persistence for care 
subsequent to deployment, his back injury was found to be in the 
line of duty (LOD) and required microdisectomy surgery.  He was 
profiled  as  “P4,”  disqualified  for  deployment  and  any  service 
participation with an indefinite expiration date.   He continues 
to  experience  left  leg  numbness,  looseness/jarring  spine 
movement,  back  spasms,  leg  and  lower  back  burning  pain,  and 
inability to prolong walking, standing, or sitting.  In addition, 
he remains restricted to no lifting above 40 pounds or running as 
set forth by his military surgeons.   
 
In  support  of  his  appeal,  the  applicant  provides  copies  of  his 
medical  records;  separation  documents;  deployment  orders; 
Informal LOD Determination; Physical Profile; an excerpt of Air 
Force Instruction 36-3212, Chapter 8; and an excerpt of his DVA 
disability decision.   
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant is a former member of the Air Force Reserve (AFRES) 
who  served  in  the  grade  of  master  sergeant  (E-7).    On  1  March 
2009, the applicant reported for medical care as a result of back 
pain  sustained  as  a  result  of  lifting  baggage  for  his  initial 
outbound deployment flight.   
 
An  AFRC  IMT  349,  Informal  Line  of  Duty  Determination,  dated 
10 July 2010, indicates the applicant’s injury was found to be in 

the  LOD.    Meanwhile,  his  Reserve  Retirement  scheduled  to  be 
effective 1 August 2009, was put on hold.  An Air Force Form 422, 
Physical  Profile  Serial  Report, dated 5 August 2009, placed the 
applicant  on  a  “P4”  profile,  indicting  he  was  not  allowed  to 
participate  in  the  Reserve  program  until  after  he  was  cleared 
from restrictions.  The applicant underwent surgery on 5 August 
2009.  He was subsequently authorized to return to work/school on 
14 September 2009, with restrictions of no running and no lifting 
over 40 pounds.   
 
The applicant was transferred to the Retired Reserve Section and 
placed  on  the  USAF  Reserve  Retired  List  effective  1  November 
2009.   
 
A  Department  of  Veteran  Affairs  (DVA)  letter,  dated  4  December 
2009, indicates the applicant was awarded 30 percent disability 
compensation for his service-connected disabilities; however, due 
to an incomplete DVA record being submitted, which disabilities 
compromise the disability rating are not available.   
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFRC/SG recommends denial.  SG states that it is not clear if the 
applicant  would  overcome  the  presumption  of  fitness  and  meet 
criteria  for  medical  retirement.    Any  Air  Force  Reservist 
afforded a disability retirement would normally be required to be 
seen as part of the Medical Evaluation Board (MEB) process with 
multiple physicians and experts evaluating a case.  By not taking 
into consideration his commander’s potential recommendations and 
the possibility to return to duty with an Assignment Limitation 
Code  (ALC),  and  solely  relying  on  a  DVA  disability  rating,  the 
applicant  would  be  afforded  a  benefit  of  direct  retirement 
without the level of medical scrutiny of Reservists with similar 
medical situations.   
 
It  is  SG’s  opinion  that  the  limited  medical  documentation 
provided  is  insufficient  to  afford  relief  to  the  applicant; 
however, if any relief is afforded, consideration should be given 
for the applicant’s return to full active duty for an evaluation 
by  an  active  duty  training  platform,  to  include  presenting  all 
military  and  civilian  documents  and  evaluations  as  part  of  the 
process.  An opinion of his commanders as their ability to work 
with the applicant, even with an ALC, would also be appropriate. 
A return to ALC limited duty is a distinct possibility in this 
case and would negate any disability retirement, but not remove 
the Reserve retirement he is already entitled to.   
 
The complete SG evaluation is at Exhibit C. 
 
_________________________________________________________________ 
 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
He  feels  his  condition  was  overlooked.    He  had  no  prior  back 
injuries  or  disease.    After  his  back  injury  during  his 
deployment,  he  knew  his  military  career  was  coming  to  an  end.  
Had he not put in for retirement, he would have eventually been 
deemed  unfit  for  duty  with  his  limitations  of  no  running  or 
lifting over 40 pounds.  His retirement request was temporarily 
revoked due to being placed on a medical hold.  However, despite 
not being processed for a medical assessment, he was subsequently 
told he could go ahead and retire.  He continues to experience 
increasing pain and diminished physical motion.  
 
The  applicant’s  complete  rebuttal,  with  attachments,  is  at 
Exhibit E.   
 
_________________________________________________________________ 
 
THE BOARD CONCLUDES THAT: 
 
1.  The applicant has exhausted all remedies provided by existing 
law or regulations. 
 
2.  The application was timely filed. 
 
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 reviewing 
the  complete  case  file,  the  Board  is  of  the  opinion  that  the 
applicant has established reasonable doubt as to whether or not 
the decision not to process him through the disability evaluation 
system was appropriate under the circumstances.  In this respect, 
a  review  of  the  evidence  provided  shows  that  during  the  time 
period in question, a condition existed that may have warranted 
consideration  by  the  disability  evaluation  system  (DES).    The 
Board  believes  that  those  in  the  disability  evaluation  process 
would be in the best position to evaluate his records and render 
a fitness and/or rating determination.  Accordingly we recommend 
his records be corrected to the extent 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 issues involved.  
Therefore, the request for a hearing is not favorably considered. 
 
________________________________________________________________ 
 

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THE BOARD RECOMMENDS THAT: 
 
The pertinent military records of the Department of the Air Force 
relating to APPLICANT be corrected to show that: 
 
a.  Invitational travel orders were issued by competent 
authority  for  the  purpose  of  evaluation  for  an  analysis  of  his 
qualification for worldwide duty, at or about the date [2009] of 
his release from military service and currently. 

 
b.  The evaluation be conducted within 45 days of this 
directive,  in  consultation  with  a  neurosurgeon  or  orthopedic 
surgeon  at  the  nearest  available  active  military  medical 
treatment facility. 

applicant’s 

 
c.    The  medical  evidence  of  record,  at  or  about  the 
date of his release of military service and within the 12 months 
following  his  release  from  military  service,  be  utilized  in 
determining 
worldwide 
qualification. 
 
d.  The results of the evaluation be forwarded to the 
Air  Force  Board  for  Correction  of  Military  Records  at  the 
earliest practicable date so that all necessary and appropriate 
actions may be completed; and, that all charges for the physical 
examination be, and hereby are, waived.   
 
________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-00966  in  Executive  Session  on  27  November  2012, 
under the provisions of AFI 36-2603: 
 

the 

previous 

[2009] 

Panel Chair 
Member 
Member 

 
All  members  voted  to  correct  the  records,  as  recommended.    The 
following documentary evidence pertaining to AFBCMR Docket Number 
BC-2012-00966 was considered: 
 
 
 
 
 
 
 
 
 
 

    Exhibit A.  DD Form 149, dated 23 Feb 12, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  Letter, AFRC/SG, dated 29 Aug 12. 
    Exhibit D.  Letter, SAF/MRBR, dated 11 Sep 12. 
    Exhibit E.  Letter, Applicant, dated 15 Sep 12, w/atchs. 

 
Panel Chair 

 

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