RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02968 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to reflect active duty service credit for the period she should have been retained on active duty due to the injury she suffered during Basic Military Training (BMT). _________________________________________________________________ APPLICANT CONTENDS THAT: When she returned to her home base, subsequent to her BMT and Technical Training School, she informed the medical group that she had incurred a back injury during BMT for which she was still receiving medical treatment. She was released from her active duty orders and told to seek medical care through her husband’s active duty insurance. She was also told that once she no longer had that insurance, a Line of Duty (LOD) determination would be completed. Several years later, she was advised that she should have never been released from active duty until her injury was corrected. In support of her appeal, the applicant provides copies of her DD Form 214, LOD determination, and an excerpt of DoD Instruction 1241.2. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently a member of the Air National Guard (ANG) serving in the grade of senior airman. According to the LOD Determination, the applicant injured her back in May 2006 when she fell during the Confidence Course while at BMT. After arriving at her Technical Training School, she sought medical treatment for lower back pain. Upon returning to her home station, an LOD was initiated but never completed. In January 2008, she was placed on a physical profile indicating she was not allowed to perform any military training. The applicant expressed wishes to still perform her duties; therefore, her profile was revised to allow her to perform light duty while still receiving medical treatment. She was approved to participate in Unit Training Assemblies (UTAs) until her LOD was complete or until August 2009 when her profile was scheduled to end. On 14 April 2009, a LOD Determination was completed determining her back injury was in the LOD. _________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PS recommends denial. A1PS states a member who incurs an LOD condition while serving on an order that was issued for 31 or more days, may be continued on that order until they are fit for duty or separated under the Disability Evaluation System (DES). Members may elect not to be retained and may be eligible for Incapacitation Pay if they suffer a loss of income. Members who are released from active duty but who subsequently become unable to perform military duty as a result of the LOD condition will be returned to active duty until they are fit for duty or separated from service under the DES. Entitlement under this policy shall begin when the condition renders the member unable to perform military duties; not when the injury occurred or when the member was released from active duty. A1PS indicates that in the case under review, there is no evidence to indicate the date that she became unfit for duty and thus, subsequently eligible to return to active duty. Without the return to active duty eligibility date, they are unable to validate the applicant’s request to amend her DD Form 214 to reflect the time she may have been eligible for active duty as a result of the LOD condition. The complete A1PS evaluation, with attachment, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 27 August 2010, for review and comment within 30 days (Exhibit C). As of this date, this office has received no response. _________________________________________________________________ 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 and do not find that it supports a determination that she was improperly discharged from her extended active duty orders on 3 April 2007. We note the applicant’s contention that she should have remained on active duty status while she received treatment for her back injury. However, based on the evidence of record, the applicant was not on a profile of any type at the time of her release from active duty; therefore, she was deemed fit for military duty and not eligible for medical continuation orders in accordance with Department of Defense Instruction 1241.2. Consequently, we concur with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale that the applicant is not the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to favorably consider 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 AFBCMR Docket Number BC-2010-02968 in Executive Session on 26 May 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered for AFBCMR Docket Number BC-2010-02968: Exhibit A. DD Form 149, dated 10 Aug 10, w/atchs. Exhibit B. Letter, NGB/A1PS, dated 23 Aug 10, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 27 Aug 10.