RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-00276
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

__________________________________________________________________

APPLICANT REQUESTS THAT:

His records reflect that he was not released from his active duty 
orders on 20 May 2011 but continued on those orders through 16 Mar 
2012 when his Line of Duty (LOD) was completed.

__________________________________________________________________

APPLICANT CONTENDS THAT:

He should not have been released from active duty due to a back 
injury he sustained while on active duty orders.

In support of his request, the applicant provides copies of AFRCI 
36-3004, Incapacitation Pay and Management of Reservist Continued 
on Active Duty Orders; AFRC IMTs 348, Informal Line of Duty 
Determination; AF Forms 938, Request and Authorization for Active 
Duty Training/Active Duty Tour and ANG/USAFR Point Credit Summary.  

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

__________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained in 
the letter prepared by the appropriate office of the Air Force.  
Accordingly, there is no need to recite these facts in this Record 
of Proceedings.

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AIR FORCE EVALUATION:

APPC/DPFA recommends denial.  DPFA states that a review of the 
Command Man-Day Allocation System (CMAS), reflects the applicant, 
was on Military Personnel Appropriation (MPA) orders from 3 Feb 
2011 to 20 May 2011.  Request Notes in CMAS indicate that he was 
removed from his orders early (20 May 2011) to participate in 
Operation CORONET OAK ROTATION.  This set of orders began 27 May 
2011.  There is no indication that a CMAS request was ever 
submitted for Medical Continuation (MEDCON) orders, nor has any 
documentation been submitted to indicate the applicant requested 
MEDCON.  His Duty Limiting Condition Report indicated he had duty 
restrictions only, and was not coded a 31 or 37, indicating his 
condition was expected to resolve in 30 days or less.  At no time 
during the 10 month period was he ever Mobility Restricted or 
coded a 31 or 37, a requirement for MEDCON.  His LOD was found in 
the LOD (ILOD) by the Wing Appointing Authority on 3 Aug 2011.  
Documentation in the Automated LOD (ALOD) System indicates that 
the Appointing Authority was unable to close this LOD locally; 
therefore a determination to forward the LOD to the Air Force 
Reserve Command (AFRC) LOD Board Review was made.  The applicant’s 
condition was an injury and thus did not require the LOD to be 
forwarded to the AFRC LOD Board for a determination.  MEDCON 
orders require duty and mobility restrictions and for the service 
member to be coded a 31 or 37.  It should be noted that the 
applicant accepted multiple MPA orders following his initial 
injury throughout the time frame his LOD was pending determination 
through the AFRC LOD Board.  He has shown a presumption of fitness 
by being cleared for these orders.

The complete DPFA evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 28 Jun 2013, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days.  As of 
this date, no response has been received by this office (Exhibit 
D).

__________________________________________________________________

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.  We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation of 
the Air Force offices of primary responsibility and adopt its 
rationale as the basis for our conclusion the applicant has not 
been the victim of an error or injustice.  Therefore, in the 
absence of evidence to the contrary, we find no basis to recommend 
granting the relief sought in this application.

__________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that the 
application was denied without a personal appearance; and that 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 this application in 
Executive Session on 17 Sep 2013, under the provisions of AFI 36-
2603:

    , Panel Chair
    , Member
    , Member

The following documentary evidence was considered in AFBCMR BC-
2013-00276:

   Exhibit A. DD Form 149, dated 20 Jun 2012, w/atchs.
   Exhibit B. Applicant's Military Personnel Records.
   Exhibit C. Letter, AFPC/DPFA, dated 14 Jun 2013.
   Exhibit D. Letter, SAF/MRBC, dated 28 Jun 2013.
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