AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

DOCKET NUMBER:  BC-2012-01088 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

 
IN THE MATTER OF: 
 
       
 
       
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His  records  be  corrected  to  reflect  he  remained  on  active  duty 
orders for the period 30 Jun 10 through 20 Mar 11. 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He was injured during his deployment to Iraq and was removed from 
orders before his medical issue was resolved. 
 
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, AF Form 938, Request for Authorization 
for  Active  Duty  Training/Active  Duty  Tour,  AF  Form  22, 
Qualification of Air Force Member’s Qualification Status. 
 
The  application’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant is currently serving in the Air Force Reserve. 
 
On 5 Jan 10, the applicant commenced a tour of active duty of 169 
days in support of Operation IRAQI FREEDOM.  His initial orders 
were extended and he was released from active duty on 29 Jun 10. 
 
On 10 Ju1 10, two Informal Line of Duty Determinations (LOD) were 
initiated for injuries the applicant sustained to his back while 
deployed  to  Iraq.    Both  ILODs  concurred  the  injury  was  in  the 
LOD.    On  3  Sep  10  and  9  Sep  10,  respectively,  the  appointing 
authority found the applicant’s injuries to be in the LOD. 
 
On 21 Mar 11, the applicant commenced a tour of voluntary active 
duty  of  35  days  for  a  surgical  procedure  and  hospitalization 
related  to  his  LOD  injuries.    His  orders  were  subsequently 
extended several times until he was finally released from active 
duty on 24 Feb 12 when he was cleared to return to duty. 
 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of the 
Air Force, which is attached at Exhibits C. 
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFMOA/SGHI  recommends  denial  noting  the  applicant  did  not  meet 
MEDCON  eligibility  requirements  until  the  date  of  his  surgery.  
No determination of eligibility can be made prior to the date of 
the  Command  Man-Day  Allocation  System  (CMAS)  request,  as  no 
documentation  was  ever  provided.    The  applicant’s  DLC  and  LOD 
were  initiated  after  his  orders  ended.    The  CMAS  request  was 
submitted on 28 Dec 12; however, after multiple declinations at 
AFRC, MEDCON and A1MO his case was allocated on 11 Mar 11 with a 
start date of 21 Mar 11.   
 
The CMAS indicates the initial diagnostics were returned normal; 
however, additional tests were ordered, but there is no record of 
completion or results being provided.  At time of allocation it 
was  determined  conservative  treatment  failed  and  surgical 
intervention was required.  
 
Per  SAF/MR  Memo,  9  Dec  11,  section  "b.  Medical  Continuation, 
Eligibility  for  Medical  continuation,  the  ARC  member  will  be 
eligible for Medical Continuation orders when an injury, illness, 
or disease is incurred or aggravated while serving on active duty 
and that condition renders the member unable to perform military 
duties."  It  further  states  in  this  same  section,  "Not  all 
conditions  that  restrict  deployment  or  mobility  constitute 
eligibility for medical continuation." 
 
Once  the  Air  Reserve  Component  (ARC)  service  members  are 
demobilized  they  are  eligible  for  the  Transition  Assistance 
Management Program (TAMP), a 180-day period of health benefits, 
beginning  on  the  sponsor's  separation.  Once  the  LOD's  were 
completed,  service  member  was  eligible  for  care  for  those  two 
conditions  through  Military  Medical  Support  Office  (MMSO).  
Eligibility  is  based  on  the  completed  service  approved  LOD 
injury, illness or disease.  Incapacitation pay is a third venue 
the applicant could have been eligible for.  Service members are 
eligible  for  this  benefit  if  they  are  able  to  perform  their 
military duties but unable to perform their civilian duties. 
 
The  AFMOA/SGHI  complete  evaluation,  with  attachments,  is  at 
Exhibit C. 
 
_________________________________________________________________ 
 

 

2 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
A copy of the Air Force evaluation was forwarded to the applicant 
on 8 May 12, for review and comment within 30 days (Exhibit D).  
As of this date, no response has been received by this office. 
 
_________________________________________________________________ 
 
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  an  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 
and adopt its rationale as the basis for our conclusion that the 
applicant  has  not  been  the  victim  of  an  error  or  injustice.  
While the evidence of record indicates the applicant was placed 
on  active  duty  for  the  purpose  of  medical  treatment  and 
recuperation, there is no evidence that said injury rendered him 
unfit  for  the  duties  of  his  office  and/or  grade  during  the 
requested  period  or  caused  the  applicant  any  loss  of  earnings 
during this period as he contends.  Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief sought in this application. 
 
_________________________________________________________________ 
 
THE BOARD DETERMINES THAT: 
 
The  applicant  be  notified  the  evidence  presented  did  not 
demonstrate  the  existence  of  material  error  or  injustice;  the 
application  was  denied  without  a  personal  appearance;  and  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  AFBCMR  Docket 
Number BC-2012-01088 in Executive Session on 13 Dec 12, under the 
provisions of AFI 36-2603: 
 
 
 
 
 
 

  Panel Chair 
  Member 
  Member 

 

3 

Exhibit A. DD Form 149, dated 16 Mar 12, w/atchs. 
Exhibit B. Applicant’s Military Personnel Records. 
Exhibit C. Letter, AFMOA/SGHI, dated 4 May 12, w/atch 
Exhibit D. Letter, SAF/MRBR, dated 8 May 12. 

The  following  documentary  evidence  pertaining  to  AFBCMR  Docket 
Number BC-2012-01088 was considered: 
 
 
 
 
 
 
 
 
 
 
 

 
Panel Chair  

 
 

   
   

 
 

 

4