RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02344 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His current Title 10 Military Personnel Appropriation (MPA) active duty orders for the period of 16 June 2011 through 12 August 2011 be amended to show a start date of 1 April 2011 versus 16 June 2011. ________________________________________________________________ APPLICANT CONTENDS THAT: On 5 December 2010, while on active duty and during fit-to-fight testing he aggravated his injured knee. He did not think the injury was serious and treated it with cold compresses and occasional ibuprofen. He continued to perform all duties asked of him. On 17 March 2011 he went to the McGuire AFB clinic with pain and discomfort in his right knee. He also saw the Reserve Medical Liaison Officer and began the processing of the LOD. He was subsequently exempted from PT sessions by way of physical profile/duty limiting reports. While the LOD was being prepared and submitted his 120-day MPA order ended on 31 March 2011. He was released from active duty pending determination of the LOD. In late May 2011 he attempted to return to his civilian job. However, he was informed by his employer that until his injury was corrected he could not return to work. The LOD was approved on 10 June 2011 but his medical continuation orders were not finalized until 16 June 2011. His chain of command says the MPA orders should be effective from 1 April 2011, but they cannot automatically correct this. He needs to apply to this Board to have the dates corrected. In support of his request, the applicant submits personal statements, an AFRC IMT 348 Informal Line of Duty Determination w/attachments dated 9 June 2011, AF Forms 422, Physical Profile Serial Report dated 25 March 2011, two AF Form 469, Duty Limiting Condition Report dated 17 March 2011 and 16 May 2011, copies of four MPA orders with corresponding AF IMT 938, Request and Authorization for Active Duty Training/Active Duty Tour dated 1 October 2009 through 31 September 2010, 1 October 2010 through 31 October 2010, 1 December 2010 through 31 March 2011, and 16 June 2011 through 12 August 2011, and supporting email messages. The applicant’s complete submission with attachments is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently an enlisted member of the Air Force Reserves serving in the grade of Staff Sergeant (SSgt) E-5. The applicant was on MPA orders from 1 December 2010 through 31 March 2011. On 17 March 2011 an Informal Line of Duty Determination was initiated. The findings were In Line of Duty (ILOD) and reflect the applicant aggravated his injured knee while on active duty during fit-to-fight testing on 5 December 2010. Additional 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. Examiners note: According to the governing SAF/AA policy letter dated 8 December 2006, (Exhibit B) entitlement to medical continuation orders begins when the condition renders the member unable to perform military duty not when the injury occurred or when the airman was released from active duty. In this case, on 17 March 2011, the applicant went to the base clinic for pain and discomfort in his right knee while still on active duty orders. His MPA orders terminated as previously scheduled on 31 March 2011. The applicant was not continued on active duty or placed on medical continuation orders until 16 June 2011 after completion of the LOD determination. ________________________________________________________________ AIR FORCE EVALUATION: AFRC/SGP recommends partial relief. SGP states the applicant is requesting back pay and allowances for the period from 1 April 2011 through 15 June 2011. They concur with back pay and allowances beginning 16 May 2011. SGP opines the applicant had an injury well before it was reported and he was able to continue working in his AFSC without difficulty. At no time was he disqualified for continued military duty, nor was he unable to perform his duties. His first period of disqualification is noted on the AF Form 469 which is dated 16 May 2011. An LOD determination was initiated 17 March 2011. This LOD was completed with a finding of ILOD on 10 June 2011. IAW DoDI 1241.2 Reserve Incapacitation System Management, Air Reserve Component (ARC) members who incur an injury while on orders for 31 days or more will be continued on active duty orders until found fit for duty or separated via the Disability Evaluation System. The complete AFRC/SGP evaluation is at Exhibit C ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states he completely disagrees with the Air Force office of primary responsibility’s findings. He states he does not have any materials on hand regarding this issue but according to the regulations he referenced in his initial filing, he should not have been removed from orders on 31 March 2011. The regulation states (he paraphrases) that once an LOD is being processed a member will not have his/her orders terminated. The orders he was on beginning on 1 December 2010 were originally through 31 May 2011 but were amended several times for manning reasons. He continued to work because he thought the injury was not severe. Only after the condition persisted and became worse did he seek medical treatment. Additionally the detail he worked on was short manned and would not have been able to complete their mission if he had entered on a Duty Not to Include Flying (DNIF) status. The applicant’s complete response is at Exhibit G. ________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: AFRC/SG recommends partial approval. AFRC/SG indicates they concur the applicant should receive back pay and allowances beginning 16 May 11. Prior to 16 May 11, the applicant was not disqualified for continued military duty, nor was he unable to perform duty. The complete AFRC/SG evaluation is at Exhibit F. ________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: The applicant reiterates his previous contentions. The applicant complete response is at Exhibit G. 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 note 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 his 17 March 2011 injury, which was determined to be ILOD, he should have been retained on active duty until the final disposition of his DES processing occurred. We noted AFRC/SGP opines that the applicant’s first documented period of disqualification as noted on the AF Form 469, was 16 May 11. Prior to that period he was not disqualified for continued military duty nor was he unable to perform duty. However, we believe the applicant has provided sufficient evidence to warrant his continuance on active duty orders until such time as his LOD medical condition was resolved. Therefore, the applicant’s record should be corrected as indicated below. 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 issue(s) involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was not released from active duty on 31 March 2011, but was continued on active duty until 12 August 2011. ________________________________________________________________ The following members of the Board considered this application BC-2011-02344 in Executive Session on 15 March 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 June 2011, w/atchs. Exhibit B. Letter, SAF/AA Guidance, dated 8 December 2006. Exhibit C. Letter, AFRC/SGP, dated 19 August 2011, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 10 November 2011. Exhibit E. Message, AFRC/SG, dated 9 February 2012. Exhibit F. Message, AFBCMR, dated 1 March 2012. Exhibit G. Message, Applicant, dated 14 February 2012 AFBCMR BC-2011-02344 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code it is directed that: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was not released from active duty on 31 March 2011, but was continued on active duty until 12 August 2011.