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AF | BCMR | CY2012 | BC-2012-03231
Original file (BC-2012-03231.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03231 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. She receive 24 days military pay in the total amount of 
$5,520.00 for attending medical evaluation board (MEB) 
appointments. 

 

2. She be reimbursed $1,216.41 for per diem and travel expenses 
for the period 27 Mar 12 through 03 Apr 12. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. She was not paid military pay while attending any of her 
appointments related to her Medical Evaluation Boards (MEB). 

 

2. While she received orders for three of her TDY’s related to 
her MEB processing, she traveled under the verbal orders of her 
commander to attend her last MEB appointment during the period 
27 Mar 12 through 03 Apr 12, but has yet to receive TDY orders 
or travel reimbursement. As a result, she has incurred a debt 
to the government travel card. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant served in the Air Force Reserve in the grade of 
master sergeant during the matter under review. 

 

According to travel orders provided by the applicant, on 18 Mar 
11, she was ordered to travel to Wright Patterson Air Force Base 
(AFB), OH on 23 Mar 11 for approximately three days to 
participate in a physical evaluation board (PEB). 

 

According to travel orders provided by the applicant, on 02 Nov 
11, she was ordered to travel to Lackland AFB, TX on 31 Oct 11 
for approximately nine days to undergo a formal Physical 
Evaluation Board (PEB). 

 


According to a paid travel voucher summary provided by the 
applicant, she was ordered to travel to Wright Patterson AFB, OH 
on 23 Jan 12 for a period of three days. 

 

According to the applicant’s Citibank government card statement, 
lodging statement, and airline ticket she traveled to Lackland 
AFB, TX from 27 Mar 12 to 03 Apr 12. 

 

According to the applicant’s point credit accounting report 
summary (PCARS), she was not credited with any active service 
during the periods described above. 

 

Title 10, United States Code, Section 12301 (h) 
(10 USC 12301(h)) provides authority to order a member of the 
reserve forces to active duty to receive authorized medical care 
or to be medically evaluated for disability or other purposes. 
A member ordered to active duty under this authority may, with 
the member’s consent, be retained on active duty for medical 
treatment for a condition associated with the evaluation. 

 

On 02 Apr 12, officials with the Office of the Secretary of the 
Air Force (SAF) determined the applicant was physically unfit 
for continued military service and directed she be discharged 
for physical disability with entitlement to severance pay. 
However, since the applicant was eligible for reserve 
retirement, she elected transfer to the retired reserve to await 
retired pay at age 60 in lieu of a discharge with severance pay. 

 

The applicant was transferred to the retired reserve on 27 Jun 
12 in the grade of master sergeant (E-7). 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFRC/A1K recommends denial. In accordance with Air Force 
Instruction 65-114, Travel-Policy and Procedures for Financial 
Services Offices and Finance Offices-Reserve Component, reserve 
component (RC) members not already on active duty military 
orders may be placed on Invitational Travel Orders (ITO) when 
directed by appropriate military medical authority to receive 
military/dental care at military treatment facilities for the 
purpose of medical/dental appointments. ITOs are designed to 
reimburse a member for travel and per diem only, not to 
reimburse a member for military pay. The Command is unable to 
determine the basis for the member to receive military pay for 
the purported travel performed to attend medical appointments. 

 

A complete copy of the AFRC/A1K evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

She has been given poor, bad, and misleading information 
throughout the entire medical evaluation process. She disputes 


the fact that she was attending routine dental or medical 
appointments, but traveling to medical appointments for a MEB. 
As a result, she was issued TDY travel orders versus an ITO. 
Therefore, she is entitled to military pay and per diem during 
all of her MEB and PEB evaluations. 

 

The applicant’s complete response, 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. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. The 
applicant contends that she should have received military pay 
and allowances, as well as travel and per diem, while attending 
four evaluations associated with her processing through the 
disability evaluation system (DES). After a thorough review of 
the evidence of record and the applicant’s complete submission, 
we agree. We note the comments of AFRC/A1K indicating that 
Invitational Travel Orders were appropriate for the applicant’s 
routine medical/dental care; however, the evidence before us 
indicates the applicant was not receiving routine medical care, 
but was in fact being processed through the DES to determine 
whether or not her service-connected disabilities rendered her 
unfit for continued military service. Therefore, in view of the 
fact that Title 10, United States Code, Section 12301 (h) 
provides authority to order a member of the reserve forces to 
active duty to be medically evaluated for disability or other 
purposes, and the evidence of record indicates the applicant was 
being processed through the DES, we are convinced the applicant 
should have been ordered to active duty and sent to the noted 
evaluations in a temporary duty (TDY) status. Therefore, we 
recommend the applicant’s records be corrected as 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. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that during 
the following periods, she was ordered to active duty in 
accordance with Title 10 USC § 12301 (h) from her home of record 


and ordered to perform temporary duty (TDY) to the locations 
indicated for the purpose of disability evaluation system (DES) 
processing: 

 

 (a) On 23 Mar 11, through 26 Mar 11 to Wright-Patterson 
Air Force Base, Ohio. 

 

 (b) On 31 Oct 11, through 04 Nov 11 to Lackland Air Force 
Base, Texas. 

 

 (c) On 23 Jan 12, through 25 Jan 12 to Wright-Patterson 
Air Force Base, Ohio. 

 

 (d) On 27 Mar 12, through 03 Apr 12, to Lackland Air Force 
Base, Texas. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-03231 in Executive Session on 02 Apr 13, under 
the provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 10 Jul 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFRC/A1K, dated 05 Dec 12. 

 Exhibit D. Letter, SAF/MRBR, dated 14 Dec 12. 

 Exhibit E. Letter, Applicant, dated 29 Dec 12. 

 

 

 

 

 

 Panel Chair 



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