RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02900 


 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. She be promoted to the grade of Master Sergeant (E-7), with 
an effective date of 1 Oct 08. 

 

2. Her official records be corrected to show she was retained 
on active duty for the purpose of medical continuation (MEDCON) 
during the periods 24 Sep 10 through 31 Oct 10 and 1 Oct 11 
through 23 Jan 12. 

 

3. She be reimbursed 56 cumulative days of leave she has lost 
since Nov 01. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. In 2008, her outgoing commander initiated paperwork for her 
promotion, entered it and her Enlisted Performance Report (EPR) 
into the Virtual Personnel Center Guard/Reserve (VPCGR), and 
announced her promotion at his Change-of-Command Ceremony. 
Then, the new incoming commander refused to promote her. 

 

2. Failure to receive a timely Line of Duty (LOD) Determination 
for her foot injury caused her to unjustly experience breaks in 
service during the periods 24 Sep 10 through 31 Oct 10 and 1 Oct 
11 through 23 Jan 12. 

 

3. Operational requirements precluded her from taking leave. 
She supported Operation NOBLE EAGLE (ONE) from 26 Nov 01 through 
23 Sep 10. She was a one-deep shop and because it was a 24-
hour mission, she worked lots of hours and did not take much 
leave. She was subsequently deployed to Iraq and lost 
approximately 20 days of leave. In addition, in Sep 10 she was 
notified her position was going away, and did not have enough 
time to use her leave. She was paid for 60-days of leave in Jun 
11 which she did not wish to be paid for, but she lost the 
remaining 13 days of leave she had on the books. Finally, she 
was on orders from 1 Nov 11 through 30 Sep 11 and has a balance 
of 23 days from this period she would like to recoup. 

 


The applicant’s complete submissions, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant served in the Air National Guard in the rank of 
Technical Sergeant (E-6) during the period of time in question. 

 

On 8 Apr 13, officials within the Office of the Secretary of the 
Air Force directed the applicant be discharged and receive 
severance pay with a combined disability rating of 20 percent. 

 

According to the applicant’s Point Credit Accounting Report 
Summary (PCARS), the applicant has been credited with 19 years, 
10 months, and 13 days Total Active Federal Military Service 
(TAFMS) as of 15 Apr 13. 

 

The remaining relevant facts pertaining to this application are 
described in the letters prepared by the Air Force offices of 
primary responsibility which are included at Exhibits C, D, 
and E. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

NGB/A1PP recommends denial of the applicant’s request for 
promotion to Master Sergeant, indicating there is no evidence of 
an error or injustice. ANGI 36-2502, Promotion of Airman, 
states “Prior to promotion to any grade, the immediate commander 
must first recommend the airman.” While it appears the 
applicant’s commander recommended her for promotion, on 
21 Aug 08, the Force Support Squadron (FSS) Superintendent 
received an e-mail from the 121 FS/CC stating: “I have 
conferred with the ASA/CC and we wish to temporarily hold [the 
applicant’s] promotion to MSgt. Please return her promotion 
package to the Operations Group.” The FSS returned the package 
without action. This was prior to the Oct 08 Change-of-Command 
at which the applicant claims the prior commander announced her 
promotion. Therefore, at the time of the Change-of-Command, the 
applicant was not recommended for promotion by her immediate 
commander in accordance with ANGI 36-2502. 

 

A complete copy of the NGB/A1PP evaluation, with attachments, is 
at Exhibit C. 

 

NGB/A1PS recommends denial of the applicant’s request that her 
records be corrected to show she did not have a break in service 
during the period 24 Sep 10 through 31 Oct 10. She provided no 
documentation to support her contention that she should have 
been on active duty during this period for the purpose of 
MEDCON, such as an AF FM 469, Duty Limiting Condition Report, or 


any other documentation which would indicate her injury rendered 
her unfit for duty during this period which would form the basis 
for her retention on active duty for MEDCON. However, the 
applicant’s request that her records be corrected to show that 
she was retained on MEDCON orders during the period 1 Oct 11 
through 23 Jan 12 should be granted. The applicant’s 
documentation for this period includes three AF Forms 469 
showing she was on Mobility Restricted Status, with a release 
date of 12 Mar 12. IAW SAF/MR Medical Continuation Policy, 
dated 15 Aug 12, “MEDCON eligibility requires a Line of Duty 
(LOD) determination and a finding by a credentialed military 
health care provider that the Airman has an unresolved health 
condition requiring treatment and renders the Airman unable to 
meet retention or mobility standards IAW AFI 48-123, Medical 
Examinations and Standards.” 

 

A complete copy of the NGB/A1PS evaluation, with attachments, is 
at Exhibit D. 

 

NGB/A1PS recommends denial of the applicant’s request to restore 
her lost leave, indicating there is no evidence of an error or 
injustice. AFI 36-3003, Military Leave Program, Air Force 
Guidance Memorandum 5, states annual leave is both the 
management and members shared responsibility in managing leave 
balances throughout the Fiscal Year (FY); Congress did not 
intend for members to accrue large leave balances expressly for 
payment of accrued leave. DoD 7000.14-R, Financial Management 
Regulation (FMR), states, “a member is entitled to receive 
payment for no more than 60 days of accrued leave during a 
military career.” The applicant did not submit sufficient evidence 
to show circumstances or situations either prohibited her from taking 
leave or that she was inappropriately denied leave. In addition, the 
applicant’s records indicate she was already paid for all unused 
leave for tours supporting ONE. However, she is eligible to 
receive 23.5 days of leave for Special Order A-A000120 once a 
proper voucher has been submitted. 

 

A complete copy of the NGB/A1PS evaluation is at Exhibit E. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

1. Regarding her request for promotion to MSgt, her commander’s 
change-of-command was on 16 Aug 08. Her outgoing commander did 
announce that he wanted to promote her on that day, but there 
was an administrative error and he had to re-submit the 
promotion package. The officer who requested her promotion 
package be returned was not in her chain-of-command. The 
incoming commander had her promotion package pulled back without 
the approval of the outgoing commander because of retribution 
and retaliation toward the outgoing commander. Her promotion 
was on “temporary hold,” it was not denied. 

 


2. Regarding the NGB/A1PS recommendation to deny her request to 
correct her record to reflect she was on MEDCON orders during 
the period 24 Sep 10 through 31 Oct 10, the Medical Group 
Commander did not comply with DoDI 1241.01, Reserve Component 
Medical Care and Incapacitation Pay for Line of Duty Conditions, 
which states, “Establishes policies for ordering a Reserve 
component member to active duty or continuing the member on 
active duty while being treated for (or recovering from) an 
injury, illness, or disease incurred or aggravated in the line 
of duty.” Her Medical Group Commander told her to take her LOD 
to the VA, but she had not received an LOD. An Interim LOD 
could have been accomplished but she did not receive one. She 
did not receive her LOD until mid-March 11. 

 

3. Regarding the NGB/A1PS recommendation to deny her request 
for recoupment of lost leave, she states she supported both ONE 
and Operation ENDURING FREEDOM; according to the literature she 
was authorized to retain 120 days of leave until the end of the 
second Fiscal Year. She reiterates that her intent was never to 
sell leave but to use it. She has filed an Inspector General 
complaint and made a Congressional inquiry but received no 
relief. She submitted additional documentation related to her 
attempt to recoup leave through DFAS. 

 

A complete copy of the applicant’s 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 an error or injustice with regard 
to the applicant’s requests to correct her records to reflect 
that she was promoted to the grade of Master Sergeant, retained 
on active duty during the period 24 Sep 10 through 31 Oct 10 for 
the purpose of medical continuation (MEDCON), or reimbursed for 
her lost leave. We took notice of the applicant’s complete 
submission, to include her response to the advisory opinions, in 
judging the merits of the case and her arguments are duly noted; 
however, we agree with the opinions and recommendations of the 
Air Force offices of primary responsibility (OPR) and adopt 
their rationale as the basis for our conclusion that she has not 
been the victim of an error of injustice with regard to these 
three requests. Therefore, in view of the above and in the 
absence of evidence to the contrary, we find no basis upon which 
to recommend favorable consideration of this portion of the 
application. 


 

4. Notwithstanding the above, sufficient relevant evidence has 
been presented to demonstrate the existence of an error or 
injustice with respect to the applicant’s claim she should have 
been retained on active duty for the purposes of MEDCON during 
the period 1 Oct 11 through 23 Jan 12. After a thorough review 
of the evidence of record, we agree with the opinion and 
recommendation of NGB/A1PS and adopt their rationale as the 
basis for our conclusion the applicant should have been retained 
on MEDCON orders for the purpose of recuperating from her 
unfitting medical condition. In this respect, we note she has 
provided copies of three duty limiting condition reports which 
indicate that her line of duty injury rendered her unfit during 
the period in question and should have formed the basis for her 
retention on active duty for the purpose of MEDCON. Therefore, 
we recommend her records be corrected to the extent indicated 
below. We note that she is currently being processed through the 
disability evaluation system (DES) for this unfitting condition. 
We are also aware that by crediting her with the additional 
3 months and 23 days of active service related to this period of 
MEDCON that she will ultimately attain more than 20 years of 
total active military service and, thus, be eligible to apply 
for an active duty retirement should she so choose. 

 

5. 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. 

 

________________________________________________________________ 

 

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 
1 October 2011 she was not released from active duty, but on 
that date, she was continued on active duty through 23 January 
2012 for the purpose of medical continuation in accordance with 
Title 10 USC 12301(h). 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-02900 in Executive Session on 21 Mar 12, under 
the provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

 

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

 

 Exhibit A. DD Forms 149, dated 27 & 29 Jun 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, NGB/A1PP, dated 30 Aug 12, w/atchs. 

 Exhibit D. Letter, NGB/A1PS, dated 13 Sep 12, w/atchs. 

 Exhibit E. Letter, NGB/A1PS, dated 8 Jan 13. 

 Exhibit F. Letter, SAF/MRBR, dated 15 Jan 13. 

 Exhibit G. Letter, Applicant, dated 13 Feb 13, w/atchs. 

 

 

 

 

 

 Panel Chair