RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02176 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be medically continued on active duty from the period 16 May 07 through 3 Sep 10. 2. He be promoted to the grade of staff sergeant (E-5/SSgt) with an effective date and date of rank (DOR) of 21 May 09. ________________________________________________________________ APPLICANT CONTENDS THAT: He was on orders when he injured his back; however, according to the governing Department of Defense (DoD) and Air Force instructions, he should not have been released in 2007, and then placed back on orders in 2010, but he should have remained on active duty until his in the line of duty (INLOD) injury was fully resolved. He completed all of the requirements for the next higher grade, including Airman Leadership School (ALS). He is a good airman and has been held back due to his injury, which resulted in his inability to complete the current fitness assessment. In support of his appeal, the applicant submits a personal statement; copies of his active duty orders; DD Forms 214, Certificate of Release or Discharge from Active Duty, ending 13 Sep 07 and 3 Sep 10, respectively; AF IMTs 348, Line of Duty Determination, and other supporting documents from his military personnel and servicemember medical records. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Based on the available records, the applicant was recalled to extended active duty (EAD) in support of Operation IRAQI FREEDOM (OIF), on 16 May 07 until 13 Sep 07. He was released upon completion of his EAD tour. The applicant was recalled to EAD, on 8 Feb 10, and his orders reflected for medical appointment and evaluation. The applicant’s EAD orders were extended to 30 May 10, then to 30 Jun 10. The applicant was continued on active duty until his release on 3 Sep 10. The applicant was promoted to the grade of staff sergeant with an effective date and Date of Rank (DOR) on 1 Feb 11. ________________________________________________________________ THE AIR FORCE EVALUATION: NGB/A1PS recommended denial in its initial advisory, stating, in part, after a thorough review of the documentation provided, the applicant failed to show that he was unable to perform military duty, by submission of the AF Form 469, Duty Limiting Condition Report. They further noted unless the applicant was unable to perform military duty, he would not qualify for return to active duty under the Secretary of the Air Force (SAF) policy. EXAMINER NOTE: The applicant responded to the Air Force evaluation and provided the required AF Form 469 and copies of AF Forms 422 and A1PS revised their recommendation to correct the applicant’s record to reflect amendment of his orders for the period 7 Jun 08 – 10 Aug 10, based on the documentation provided. The NGB/A1PS evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant noted the recommendation and opinions in the initial evaluation and provided copies of the AF Form 469, Duty Limiting Condition Report and AF Forms 422, Physical Profile Serial Report to substantiate his contentions. He disagrees with the recommendation to amend his orders beginning on 7 Jun 08 and feels it’s only fair that his orders be amended back to 30 Jan 08, because the medical profile, reflecting the same restrictions should have been annotated by the medical provider that he was restricted from participating in his monthly unit training assemblies (UTAs). Had he been able to remain on EAD, his injury would not have become worse and possibly been resolved faster. He should have his DOR to SSgt pushed back since the fitness test was the only requirement he did not meet and that was out of his control. The applicant’s complete email response is at 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. In this respect, we note the applicant was on active duty orders in support of OIF and sustained an injury to his lower back. Subsequent to the receipt of the National Guard Bureau (NGB) evaluation, A1PS provided a revised recommendation to correct the applicant’s record to show that he was ordered to active duty from 7 Jun 08 to 10 Aug 10. While we note the applicant believes his orders should be started at the latest on 30 Jan 08 rather than 7 Jun 08, there is no documentation to show he was unable to perform his military duties until he was placed in a duty limiting status (AF Form 469) on 7 Jun 08. Accordingly, we agree with the opinion and recommendation of the NGB office of primary responsibility the applicant should have been placed on medical continuation orders from 7 Jun 08 to 10 Aug 10, the date the Formal Physical Evaluation Board determined the applicant should be returned to duty. Therefore, we recommend his record be corrected as indicated below. 4. In regard to the applicant’s request that his DOR to the grade of staff sergeant be adjusted to 21 May 09, IAW ANGI 36- 2502, Table 1.1, Rule 1, an airman is not eligible for promotion if he/she is not qualified for worldwide duty; since he was not eligible for worldwide duty, we find no basis to adjust his DOR. Therefore, we conclude the applicant has failed to sustain his burden that he has suffered either an error or an injustice. Consequently, we find no basis to recommend granting this portion of his request. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was placed on extended active duty for the period 7 June 2008 until his release from active duty on 10 August 2010. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-02176 in Executive Session on 13 March 2012, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 Jun 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, NGB/A1PS, dated 5 Jul 11, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 15 Jul 11. Exhibit E. Email, Applicant, dated 27 Aug 11. Exhibit F. Email, NGB/A1PS, dated 23 Feb 12, w/atchs.