RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04411
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her Title 10 Military Personnel Appropriation (MPA) active duty
orders for the period of 1 October 2010, through
30 September 2011 be amended to show the she was continued on
active duty Medical Continuation (MEDCON) orders until
31 December 2012.
________________________________________________________________
APPLICANT CONTENDS THAT:
Her orders should have been continued while her Line of Duty
(LOD) determination was being processed. Her Air Force Reserve
medical unit said they were the only ones who could process her
continuation orders; however, they failed to follow through.
After many months of being told this would be fixed, she was
told the only way for correction was to file an AFBCMR
application.
In support of her request, the applicant submits copies of her
AF IMT 938, Request and Authorization for Active Duty
Training/Active Duty Tour, dated 10 November 2010, for the
period of 15 November 2010 through 31 December 2010, with
corresponding MPA Order and amendments through 14 January 2011,
13 May 2011, and 30 September 2011, AF Form 469, Duty Limiting
Condition Report, DD Form 2870, Authorization for Disclosure of
Medical or Dental Information, dated 5 October 2011,
Otolaryngology report, and supporting email correspondence.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Air Force Reserve in
the grade of Major, O-4.
Additional relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force at Exhibit B. Accordingly, there is no need to
recite these facts in this portion of the Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFA recommends approval. DPFA states that the applicant
served on active duty, Title 10 U.S.C., orders from
15 November 2011 until 30 September 2011. During that
assignment, the applicant was diagnosed with a severe medical
issue, which required extensive medical care. The medical
condition was determined to be in the line of duty (ILOD) as
validated by AFRC IMT 348, Informal Line of Duty Determination,
approved by the AFRC/CV on 9 March 2012. At the completion of
the applicants active duty tour on 30 September 2011, she was
released from her orders while still receiving treatment for her
medical condition. The applicant should not have been removed
from active duty orders once the medical condition was
identified in accordance with (IAW) law and regulations. The
applicant should have been continued on orders until the Line of
Duty (LOD) determination was complete, and then she would have
been eligible for medical continuation orders. The applicant
has acted in good faith and IAW all directives.
The complete AFPC/DPFA evaluation, with attachments, is at
Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 3 March 2014 for review and comment within 30 days
(Exhibit C). To date, a response has not been received.
________________________________________________________________
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 error or injustice. After
considering the totality of the evidence before us, we are
persuaded that relief is warranted in this case. In this
regard, we agree with the Air Force Office of primary
responsibility that in accordance with DoDI 1241.2 Reserve
members on orders for more than 30 days who incur a condition in
the line of duty that renders them unfit for military duty will
be retained on active duty orders until they are either found
fit for duty or separated via the disability evaluation system
(DES). In view of this and since the applicant was on such
orders at the time of her medical condition, which was
determined to be ILOD, she should have been retained on active
duty until the final disposition of her medical processing
occurred. Therefore, the applicants record should be corrected
as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that she was
not released from active duty on 30 September 2011, but was
continued on active duty until 31 December 2012.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 22 May 2014, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-04411 was considered:
Exhibit A. DD Form 149, dated 20 August 2013, w/atchs.
Exhibit B. Letter, AFPC/DPFA, dated 29 January 2014,
w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 3 March 2014.
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