RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03804 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 ________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. His records be corrected to show that he was not released 
from active duty on 14 Sep 2011, but instead continued on active 
duty for medical continuation (MEDCON) until present. 

 

2. Twenty-eight days of leave be restored to his leave balance. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. While on an active duty deployment to Kuwait, he sustained 
an injury to his back; however, he was released from active duty 
when his injury was erroneously found to have existed prior to 
service (EPTS). After appealing the decision, it was determined 
that his injury was in LOD and he should have been retained for 
MEDCON. 

 

2. As a result of his erroneous release from active duty, he 
was forced to sell back 28 days of leave. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant currently serves in the Air Force Reserve in the 
grade of staff sergeant (E-5). 

 

On 14 Oct 10, the applicant was ordered to active duty in 
support of Operation ENDURING FREEDOM under the provisions of 
Partial Mobilization, 10 U.S.C. 12302. According to the remarks 
section of the applicant’s DD Form 214, he served in the Area of 
Responsibility (AOR) from 12 Dec 10 through 30 Jan 11. 

 

On 26 Jul 11, the applicant was released from active duty due to 
demobilization. 

 


On 27 Jul 11, the applicant was ordered to active duty 
voluntarily in accordance with the provisions of 10 U.S.C. 
Section 12301(d). 

 

On 14 Sep 11, the applicant was released from active duty and 
reverted to his traditional (part-time) status as a member of 
the Air Force Reserve. 

 

Title 10, United States Code, Section 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. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of the 
Air Force, which is at Exhibit C. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIM recommends denial of the applicant’s request to 
restore leave that he was forced to sell back after being 
released from the Air Force Reserve, indicating the applicant 
was discharged according to the prescribed guidance at the 
completion of his required active service. The applicant’s AFRC 
IMT 348, Informal Line of Duty Determination, indicated he 
required surgical intervention and was evacuated back to the 
CONUS for follow up treatment. The applicant was released from 
the Air Force Reserve on 14 Sep 11 with an honorable discharge 
and sold back 28 days of accrued leave for the active duty 
period of 14 Oct 10 through 14 Sep 11. 

 

In accordance with AFI 36-3209, paragraph 3.12.1, “Expiration of 
Enlistment, members are discharged at the expiration of an 
enlistment or completion of their MSO, whichever is later.” 
Paragraph 3.13.14 states, “The member is ineligible for transfer 
to a different AFSC or position in which the member would be fit 
for duty, or such transfer is considered inappropriate.” The 
applicant was deemed unfit for duty because of his back injury 
sustained on his deployment to Kuwait in 2011. 

 

A complete copy of the AFPC/DPSIM evaluation is at Exhibit C. 

 

AFMOA/SGHI recommends granting the applicant’s request to remain 
on active duty orders and receive service points for the time 
period of 13 Sep through 26 Oct 12 [sic] indicating, the 
applicant would not have been released from active duty, but 
would have received six weeks of physical therapy for his injury 
had his injury originally been found in the line of duty (LOD). 
The applicant was continued on MECON orders from 27 Jul 11 


through 12 Sep 11 for treatment of his back injury; however, he 
was released on 12 Sep 11 after his injury was found to have 
existed prior to service (EPTS) on 23 Aug 11. The applicant 
appealed the LOD finding and, on 23 Feb 12, the finding was 
changed to in the LOD. It was revealed through previous medical 
documentation, dated 8 Sep 11, the applicant required six weeks 
of physical therapy for his LOD injury. He did not receive the 
recommended treatment due to his LOD being found EPTS-LOD N/A. 
Subsequently, he applied for but was declined for MEDCON orders 
due to lack of a conclusive treatment plan. He has not 
reapplied for MEDCON orders since Jul 12. 

 

A complete copy of the AFPC/DPSIM evaluation is at Exhibit D. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 8 May 13 for review and comment within 30 days. As 
of this date, no response has been received by this office 
(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 warranting 
partial relief. The applicant contends that he should have 
retained on active duty for the purposes of medical continuation 
(MEDCON), but instead was released from active duty when his 
condition was erroneously determined to have existed prior to 
service (EPTS). After a thorough review of the evidence of 
record and the applicant’s complete submission, we believe a 
preponderance of the evidence supports some corrective action. 
In this respect, we note the comments of AFMOA/SGHI indicating 
the applicant has provided evidence indicating that he required 
treatment of his condition for approximately six weeks 
subsequent to his release from active duty. Therefore, we 
recommend his records be corrected to the extent indicated 
below. 

 

4. Notwithstanding the above, we find insufficient relevant 
evidence has been presented to demonstrate the existence of an 
error or injustice concerning his request to remain in a MEDCON 
status until the present and that he have 28 days of leave 
restored. While the evidence of record indicates that his line 
of duty (LOD) condition was initially found to be EPTS, but 


later reversed on appeal, said reversal is not sufficient for us 
to determine that he should have been continued on active duty 
for MEDCON to this day. That being said, he has provided no 
evidence whatsoever that would convince us that he was somehow 
unfit for duty subsequent to this period and, thus, should have 
been retained on active duty for MEDCON beyond the initial six-
week period of treatment. As for his request related to the 
sale of his leave, the applicant has provided no evidence 
whatsoever to indicate that he was somehow precluded from taking 
leave during the year that preceded his release from active 
duty. Therefore, we find no basis to disturb the existing 
record in this respect. 

 

_________________________________________________________________ 

 

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 
14 September 11, he was not released from active duty, but on 
that date he continued to serve on active duty through 
26 October 2011 under the provisions of Section 12301(h) of 
Title 10, United States Code, for the purpose of medical 
continuation. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-03804 in Executive Session on 25 Jun 13, 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 Form 149, dated 12 Jul 12. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIM, dated 12 Mar 13. 

 Exhibit D. Letter, AFMOA/SGHI, dated 29 Apr 13. 

 Exhibit E. Letter, SAF/MRBR, dated 8 May 13. 

 

 

 

 

 

 Panel Chair