RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03550 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

She be allowed to remain on active duty to attain the years of 
service required for a Reserve retirement or be medically 
discharged. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She should be allowed to remain on active duty to attain the 
years of service needed for a Reserve retirement; or a medical 
discharge and not an administrative discharge for medical 
reasons. Her unit has treated her unfairly due their failure to 
respond to her calls and emails requesting assistance and 
clarification of her situation. She should have a medical 
examination from the military based on her surgeon releasing her 
to return to work. 

 

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

 

_________________ ______________________________________________ 

 

STATEMENT OF FACTS: 

 

On 19 Nov 93, the applicant commenced her enlistment in the Air 
Force Reserve. 

 

On 20 Jan 10, the applicant was involved motor vehicle accident 
(MVA). She sustained injuries that were not in the line of duty 
(LOD) to her left hip, left forearm, right ankle and suffered 
multiple lacerations. On 21 Jan 10, she underwent surgery to 
repair the injuries to her hip and ankle. 

 

24 Sep 10, the applicant was found to have a medical condition 
that did not meet medical standards, placed on a code “37” 
profile, and restricted from participating in her reserve 
military duties for pay or points. 

 

On 8 Aug 11, the applicant was issued an AF Form 469, Duty 
Limiting Condition Report, restricting her from performing any 


military duties for pay or points. The recommended release date 
for the profile was 8 Aug 12. 

 

On 9 Nov 11, the applicant was medically disqualified for 
continued military service based on a prolonged treatment plan 
as a result of the aforementioned MVA. 

 

On 28 Nov 11, the applicant requested fitness determination. 

 

On 11 Jan 12, the applicant underwent a fitness determination 
for the injuries she sustained in the MVA by the Informal 
Physical Evaluation Board (IPEB). The IPEB found the applicant 
was unfit to perform the duties of her office, grade, rank or 
rating. On 17 Jan 12, the applicant nonconcurred with the 
findings of the IPEB and requested her case be referred to the 
Formal Physical Evaluation Board (FPEB). 

 

On 27 Mar 12, the applicant was released by her physician to 
perform sedentary work and no running. 

 

On 29 Mar 12, the applicant’s commander recommended she be 
returned to duty, noting that her expertise as a personnelist 
was instrumental in managing the complex administrative needs of 
more than 50 reserve airmen and civilian staff. 

 

On 2 Apr 12, the FEPB found the applicant unfit to perform her 
military duties of her office, grade, rank, rating due to the 
applicant’s medical condition prohibiting her from running and 
deployment. The applicant disagreed with the findings and 
recommendations of the FPEB and requested her case be reviewed 
by the Secretary of the Air Force (SECAF). 

 

On 19 Jul 12, the Secretary Air Force Personnel Council (SAFPC) 
concurred with the finding of the Physical Evaluation Boards 
(PEB) and found the applicant unfit for continued military 
service. SAFPC noted that although the applicant’s orthopedic 
physician released her for administrative, sedentary work, with 
a no running profile, they found her condition posed an 
unreasonable long-term risk to her health and mission 
performance and was not compatible with the stressors of the 
military environment. 

 

On 31 Jul 12, the applicant was notified that administrative 
discharge action was being initiated based on her being 
physically disqualified for continued military service. 

 

On 5 Dec 12, the applicant was honorably discharged and credited 
with 14 years and 2 months of military service. 

 

The Military Disability Evaluation System (DES), can, by law, 
only offer compensation for and when a service-incurred illness, 
disease, or injury rendered a member unfit for continued service 
and was the cause of career termination; and then only for the 


degree of impairment present at the “snap shot” time of release 
from military service and not based on future changes or events. 

 

In accordance with AFI 36-3212, Physical Evaluation for 
Retention, Retirement, and Separation, Ready Reserve members who 
are medically disqualified for impairments unrelated to the 
member’s military status and performance of duty shall be 
afforded the opportunity to enter the disability evaluation 
system (DES) for a determination of fitness only, but shall not 
be afforded disability benefits. 

 

In accordance with Title 10 United States Code (USC), Section 
12731(b), a member of the Selected Reserve who has completed at 
least 15, and less than 20, years of qualifying reserve service, 
who no longer meets the qualifications for membership in the 
Selected Reserve solely because of physical disability (does not 
have to be service-incurred), will be eligible for transfer to 
the reserve retired list to await retired pay at age 60. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFRC/A1K recommends denial indicating there is no evidence of an 
error or injustice. The applicant was physically disqualified 
for continued military service in the Air Force Reserves. She 
appealed the disqualification through the IPEB, FPEB, and the 
SAF in accordance with the governing instruction. Service 
members who are physically disqualified for continued military 
service that does not qualify for processing under the DES will 
be administratively discharged. In addition, a reserve service 
member who incurs injuries not in the LOD must have a minimum 15 
years of satisfactory service to be eligible for a reserve 
retirement. 

 

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

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Her unit’s lack of professionalism and inability to assist her 
with her situation has hurt her career and any possibility of 
her being returned to duty. 

 

She is perfectly capable of performing all of her military 
duties. Her physician released her to return to work as early 
as 1 Apr 12, with the only restriction of no running. Although 
her restriction from running will prevent her from completing a 
physical training (PT) test, she can do the step test instead of 
running, walking, or cycling to complete the PT test. 
Additionally the attached medical narrative has erroneous 
information and proves her unit did not have any updates on her 


medical condition. If her unit had given her a medical exam 
they would have been able to render medical narrative with 
accurate information. The commander noted on the 6 Oct 11, Member Utilization Questionnaire, that her current physical 
restrictions would not negatively impact the Wing staffs 
mission. 

 

Due to her being discharged she was disenrolled from the Defense 
Enrollment Eligibility Reporting System (DEERS) without any 
notification and now has no insurance. She is only ten months 
away from a Reserve retirement. If her medical unit had put her 
on a profile and allowed her to participate in drills while she 
was being medically evaluated, she would have enough time for a 
Reserve retirement. If is not possible for her to receive 
Reserve retirement, she should receive a medical discharge. 

 

The applicant’s complete response, with attachments, is 
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. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. The applicant 
contends that she should be allowed to complete the service 
requirements for retirement or be furnished a discharge to due 
physical disability. We took notice of the applicant's complete 
submission, to include her rebuttal response, in judging the 
merits of the case; however, we do not find the evidence 
presented sufficient to override the rationale provided by the 
Air Force office of primary responsibility. The evidence of 
record indicates applicant was physically disqualified for 
continued military service due to injuries she sustained in 
motor vehicle accident that were not in the line of duty (LOD) 
and therefore not ratable under the military disability 
evaluation system (DES). While it appears the applicant had 
support from her commander and physician to perform sedentary 
duties, we do not find their support sufficient to undermine the 
ultimate determination that her medical condition represented an 
unacceptable personal and operational risk and therefore 
rendered her unable to meet the physical demands of the military 
environment. Furthermore, the applicant does not meet the 
eligibility criteria in accordance with Title 10, U.S.C., 
Section 12731b, to receive a reserve retirement as she did not 
attain the requisite 15 satisfactory years of reserve service to 
qualify. While this is unfortunate, there is no evidence the 
applicant was unfairly precluded from performing military duties 
when competent authority determined that her non-duty related 


medical conditions precluded her from doing so. Therefore, in 
the absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application. 

 

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 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-2012-03550 in Executive Session on 4 Jun 13, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 6 Aug 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFRC/A1K, dated 10 Oct 12, w/atch. 

 Exhibit D. Letter, SAF/MRBR, dated 6 Nov 12. 

 Exhibit E. Letter, Applicant, 19 Dec 12, w/atchs. 

 

 

 

 

 

 Panel Chair