AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

DOCKET NUMBER:  BC-2012-01337 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

 
 
IN THE MATTER OF: 
 
     
 
     
 
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
He  receive  military  pay  for  the  period  16  Dec  11  through 
11 Jan 12, and the pay for that period of service reflect on his 
Leave and Earning Statement (LES).  
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He  was  unfairly  denied  convalescent  leave  during  the  period  in 
question  because  approval  of  his  request  for  leave  was  delayed 
due  his  commander  being  on  leave  after  returning  from 
deployment.    AFMOA  requested  he  complete  convalescent  leave 
prior  to  their  processing  Medical  Continuation  (MEDCON)  Orders 
for him.  However, his leave request was delayed causing him to 
convalesce in civilian status during this period.  
 
In  support  of  his  request,  the  applicant  provides  copies  of 
amended  orders,  a  set  of  orders,  and  two  AF  Forms  988,  Leave 
Request/Authorization.  
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The  applicant  served  as  a  Technical  Sergeant  (TSgt)  in  the  Air 
Force Reserve during the matter under review.   
 
On  31  Dec  10,  the  applicant  mobilized  and  deployed  to  Iraq  on 
active  duty  orders  between  the  period  29 Nov  10  through  5  Aug 
11.  
 
On 17 Jan 11, the applicant was medically evacuated from Iraq to 
Landstuhl, Germany due to persistent chest pain, and returned to 
CONUS on 30 Jan 11.   
 
On 27 Oct 11, an Informal Line of Duty Determination found his 
medical condition to be in the line-of-duty.  

 
On 15 Dec 11, the applicant was released from active duty.  
 
In  accordance  with  AFI  36-3212,  Physical  Evaluation  for 
Retention, Retirement, and Separation, Reserve Component members 
who incur or aggravate an injury, illness or disease in the LOD 
while  on  orders  for  more  than  30  days  are  not  involuntarily 
released  from  those  orders  until  final  disposition  of  their 
disability  case  (condition  is  materially  resolved  or  referred 
for processing into the Disability Evaluation System (DES)).  
 
On  12  Jan  12,  the  applicant  was  placed  on  Convalescent  Leave 
from the period 12 Jan 12 through 11 Mar 12 through use of two 
separate 30-day convalescent leave requests.   
 
The remaining relevant facts pertaining to this application are 
described  in  the  letter  prepared  by  the  Air  Force  office  of 
primary responsibility which is included at Exhibit C. 
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
ARPC/A1K  recommends  denial,  indicating  there  is  no  evidence  of 
an  error  or  injustice.    IAW  AFI  36-2254,  Reserve  Personnel 
Participation,  Reservists  must  meet  dress  and  appearance 
standards,  fitness  currency,  and  medical  standards  to 
participate in a pay or points gaining activity.  Table 2.1 of 
the  AFI  26-2254  lists  various  types  of  training  members  in  the 
selected reserve can perform for pay and points.  This training 
must  be  approved  in  advance  by  the  Commander  or  appointed 
designee.    The  applicant  has  not  provided  any  supporting 
documentation,  such  as  an  AF  Form  40A,  Record  of  Individual  In 
active  Duty  Training,  or  an  AF  Form  938  Request  and 
Authorization  for  Active  Duty  Training/Active  Duty  Tour,  to 
substantiate he was in a military status from 16 Dec 11 through 
11  Jan  12.    Thus,  due  to  lack  of  supporting  documentation  the 
Command’s  basis  for  a  disapproval  recommendation  has  been 
established.  
 
A complete copy of the ARPC/A1K evaluation is at Exhibit C. 
 
________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
A  copy  of  the  Air  Force  evaluation  was  forwarded  to  the 
applicant on 6 Aug 12 for review and comment within 30 days.  As 
of  this  date,  no  response  has  been  received  by  this  office 
(Exhibit D). 
 
________________________________________________________________ 
 
 
 

 
2 

(OPR) 

indicating 

 
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  an  error  or  injustice.    The 
applicant  claims  he  should  have  received  military  pay  for  the 
period 16 Dec 11 through 11 Jan 12.  After a thorough review of 
the evidence of record and the applicant’s complete submission, 
we  believe  a  preponderance  of  evidence  supports  his  claim.    In 
this  respect,  we  note  the  applicant  became  ill  while  on  active 
duty orders for 31 days or more.  On 27 Oct 11, an Informal Line 
of  Duty  Determination  (ILOD)  determined  his  medical  condition 
was  in  the  line-of-duty,  yet,  for  whatever  reason,  he  was 
released from active duty on 15 Dec 11, only to be returned to 
active duty on 12 Jan 12 for the purpose of convalescent leave.  
We  note  the  comments  of  the  Air  Force  office  of  primary 
responsibility 
timely 
documentation; however, due to the fact the applicant was placed 
back  into  convalescent  leave  status  on  12  Jan  12,  we  believe 
there  is  a  reasonable  basis  to  conclude  that  his  line  of  duty 
condition  had  not  been  resolved  and  therefore  should  not  have 
been  released  from  active  duty.    Therefore,  to  preclude  the 
possibility  of  an  injustice,  we  believe  it  appropriate  to 
resolve  any  doubt  in  the  applicant’s  favor  and  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  the  APPLICANT  be  corrected  to  show  that  on 
15 December  2011  he  was  not  released  from  active  duty,  but  on 
that date he continued to serve on active duty for the purposes 
of  medical  continuation  until  he  was  released  from  active  duty 
on 11 March 2012. 
 
________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-01337  in  Executive  Session  on  13  Dec  12,  under 
the provisions of AFI 36-2603: 
 
 
 
 
 
 
 
 

  Panel Chair 
  Member 
  Member 

the 

lack 

of 

 
3 

Exhibit A.  DD Form 149, dated 12 Mar 12, w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, AFRC/A1K, dated 10 Jul 12. 
Exhibit D.  Letter, SAF/MRBR, dated 6 Aug 12. 

All  members  voted  to  correct  the  records  as  recommended.    The 
following documentary evidence was considered: 
 
 
 
 
 
 
 
 
 
  
                                   Panel Chair 
 

 
4