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AF | BCMR | CY2012 | BC-2012-01021
Original file (BC-2012-01021.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER: BC-2012-01021 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

IN THE MATTER OF: 
    
   
 
__________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
1.  He be placed on Medical continuation orders beginning 23 Jan 
2011 to an unspecified future date. 
 
2.  He be given back pay and retirement points beginning 23 Jan 
2011 to an unspecified future date.  
 
__________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He  was  on  military  personnel  appropriation  (MPA)  orders  from 
23 Nov 2010 to 22 Jan 2011 for a temporary duty (TDY) assignment 
to Kunsan AB, Korea. 
 
His  orders  should  have  continued  for  medical  treatment  of  the 
injuries he incurred during his TDY to Korea. 
 
A medical hold was not processed and  his orders ended on 28 Jan 
2011.    He  had  to  use  sick  leave  and  vacation  time  from  his 
civilian  job  since  he  could  not  return  to  work  due  to  his 
injuries. 
 
All  requested  steps  were  completed  and  he  still  did  not  receive 
care until he received a Line of Duty (LOD) determination.  He is 
still on a profile and not worldwide deployable. 
 
In support of his request the applicant provides copies of VA Form 
10-5345, Request for and Authorization to Release Medical Records 
or Health Information; and AF Forms 938, Request and Authorization 
for Active Duty Training/Active Duty Tour. 
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
__________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
According  to  AFMOA/SGHI,  the  applicant  was  on  MPA  orders  from 
23 Nov 2010 to 22 Jan 2011 for a TDY to Kunsan AB, Korea  from his 
unit  of  assignment,  the  482  Aircraft  Maintenance  Squadron, 
Homestead AFB, FL. 
 
The  remaining  relevant  facts  pertaining  to  this  application, 
extracted  from  the  applicant's  military  records,  are  contained 

in  the  letters  prepared  by  the  appropriate  office  of  the  Air 
Force at Exhibits B and E. 
 
__________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFMOA/SGHI  recommends  denial.    SGHI  states  there  were  no  notes 
provided to show that the applicant followed up with his Primary 
Care  Manager  (PCM)  or  what  the  prescribed  treatment  plan  would 
have  been  at  the  time  of  his  return.    He  was  not  continued  on 
orders  even  though  there  was  a  draft  Reserve  Personnel 
Appropriation (RPA) order for Medical Hold provided from 23 Jan 
2011  until  12  Apr  2011.    SGHI  recommends  request  for  back  pay 
and points be denied since there was no follow up treatment plan 
provided to show what kind of treatment he had to undergo once 
he returned to home station  
 
The complete SGHI evaluation is at Exhibit B. 
 
__________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
The  applicant  stated  that  he  was  under  a  physician’s  care  and 
treatment is ongoing.  In a subsequent electronic communiqué he 
provided medical documentation regarding his treatment plan. 
 
The applicant’s complete response, with attachments, is at Exhibit 
D. 
 
__________________________________________________________________ 
 
ADDITIONAL AIR FORCE EVALUATION: 
 
AFMOA/SGHI recommends denial.  SGHI states there is no information 
in the Command Man-day Allocation System (CMAS) to validate orders 
for  continuation  on  active  duty  and  there  is  no  clear  treatment 
plan. 
 
A  CMAS  extension  request  was  submitted  on  31  Jan  2011  to  the 
gaining MAJCOM for 46 days.  Request Notes were submitted by the 
applicant’s Wing, indicating that the request is "only a stop gap 
measure until they have approval for Medical CMAS Orders."  This 
request was submitted on 19 May 2011 and declined by AFRC/SGPA on 
20  May  2011,  because  "member  is  not  profiled  as  a  code  "31  or 
37 with  mobility  restrictions."    AF  Form  469,  Duty  Limiting 
Condition  Report,  was  initiated  on  5  Jan  2011,  and  not  coded  as 
"31" or "37."  A new AF Form 469 was initiated on 5 Feb 2011 and 
completed on 5 Mar 2011.  An informal LOD was not initiated until 
11  Mar  2011  and  not  completed  and  signed  by  the  Wing  Appointing 
Authority,  until  12  Apr  2011.    It  appears  this  CMAS  request  was 
not resubmitted. 
 
Without submission of a CMAS request, the AFMOA/MEDCON division is 
unable  to  validate  orders  for  continuation  on  active  duty.  

 

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Medical notes submitted by the applicant do show treatment from 7-
25  Apr  2011  for  radiology  testing,  Occupational  Therapy  (OT) 
evaluation and a doctor’s appointment.  However SGHI is unable to 
determine the frequency and duration of the OT treatment plan. 
 
The complete SGHI evaluation is at Exhibit E. 
 
__________________________________________________________________ 
 
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: 
 
The applicant provided an appointment schedule and extracts from 
his medical records. 
 
The applicant’s complete response, with attachments, 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.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate the existence of error or injustice.  We took notice 
of  the  applicant's  complete  submission  in  judging  the  merits  of 
the case; however, we agree with the opinion and recommendation of 
the Air Force office of primary responsibility (OPR) and adopt its 
rationale  as  the  basis  for  our  conclusion  the  applicant  has  not 
been the victim of an error or injustice.  In this regard, we note 
that  the  Air  Force  office  of  primary  responsibility  has  advised 
they  cannot  make  a  definitive  determination  of  the  applicant’s 
requests  since  there  is  no  information  in  the  CMAS  to  validate 
orders  for  continuation  on  active  duty  and  they  are  unable  to 
determine  the  frequency  and  duration  of  his  OT  treatment  plan.  
While the additional documents submitted in support of his appeal 
are noted, we do not find the evidence sufficiently persuasive to 
override the rational provided by the Air Force OPR.  Therefore, 
in  view  of  the  above,  and  in  the  absence  of  evidence  to  the 
contrary, we find no basis to recommend granting the relief sought 
in this application. 
 
__________________________________________________________________ 
 

 

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 THE BOARD DETERMINES THAT: 
 
The  applicant  be  notified  that  the  evidence  presented  did  not 
demonstrate  the  existence  of  material  error  or  injustice;  that 
the  application  was  denied  without  a  personal  appearance;  and 
that  the  application  will  only  be  reconsidered  upon  the 
submission of newly discovered relevant evidence not considered 
with this application. 
 
__________________________________________________________________ 
 
The following members of the Board considered this application in 
Executive Session on 29 Nov 2012, under the provisions of AFI 36-
2603: 
 
     Panel Chair 
     Member 
     Member 
 
The following documentary evidence was considered: 
 
   Exhibit A. DD Form 149, dated 11 Feb 2012, w/atchs. 
   Exhibit B. Letter, AFMOA/SGHI, dated 3 May 2012. 
   Exhibit C. Letter, SAF/MRBR, dated 4 Jun 2012. 
   Exhibit D. Letter, Applicant, undated. 
   Exhibit E. Letter, AFMOA/SGHI, 13 Sep 2012. 
   Exhibit F. Letter, AFBCMR, dated 18 Sep 2012. 
   Exhibit G. Letter, AFBCMR, undated. 
 
 
 
 
                                     
                                   Panel Chair 
 

 

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