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.