RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04296 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He receive active duty pay and retirement points for the period of 17 February 2011 through 24 April 2011. ________________________________________________________________ APPLICANT CONTENDS THAT: He was injured while deployed and was unwillingly taken off of orders on 16 February 2011. The 934 Aeromedical Staging Squadron’s (ASTS) point of contact told him his Medical Continuation (MedCon) orders would start on 17 February 2011. He was told to see a civilian doctor but was not advised to have all required documents for MedCon orders faxed to the ASTS. His doctor’s office could not rush the medical documents to the ASTS which further delayed the processing of his orders. He did not receive his orders until 25 April which put a financial and emotional strain on him and his family. In support of his request, the applicant submits his congressional inquiry package with attachments. The applicant’s complete submission with attachments is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the grade of Technical Sergeant (TSgt) E-6, in the Air Force Reserves. The applicant was on Military Personnel Appropriation (MPA) for Contingency orders from 31 August 2010 through 16 February 2011. On 27 November 2010, while deployed to Bagram Air Base (AB) Afghanistan the applicant injured his right shoulder. On 6 January 2011 an AFRC IMT 348, Informal Line of Duty Determination (LOD) was initiated in theater. The finding was In Line of Duty (ILOD) and reflected that while lifting weights, in the Bagram AB gym, the applicant experienced a sudden onset of pain in his right shoulder. The LOD was re-accomplished by the 934 ASTS in the Automated Line of Duty (ALOD) system on 3 April 2011 and completed through the Wing Appointing Authority on 25 April 2011. ________________________________________________________________ AIR FORCE EVALUATION: AFMOA/SGHI recommends partial approval. SGHI indicates they concur the applicant should receive back pay for the period of 17 February 2011 through 14 March 2011 instead of 24 April 2011, because he declined the offer of incapacitation pay which would have started on 15 March 2011, the date of his surgery. The complete AFMOA/SGHI evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates his previous contentions that he injured himself on 27 November 2010 while on active duty orders. He was treated conservatively in theater until his return home for further follow-up. He continued treatment, and surgery was scheduled for 15 March 2011. He had elected to remain on active duty orders per AFRCI 36-3004, Incapacitation Pay and Management of Reservist Continued on Active Duty Order, chapter 1.1.3. He was unwillingly taken off of active duty orders and the 934 ASTS failed to process the MedCon orders in a timely manner. It was neither by his request or approval that he was taken off active duty orders, therefore it was in error. The applicant’s complete response, with attachments, is at 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. 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 27 November 2010 injury, which was determined to be ILOD, he should have been retained on active duty until the final disposition of his DES processing occurred. The AFMOA/SGHI recommendation is noted; however, we believe continuance on active duty orders until such time as his LOD medical condition was resolved provides full and fitting relief. Therefore, the applicant’s record should be corrected as indicated below. ________________________________________________________________ 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 not released from active duty on 16 February 2011, but was continued on active duty until 26 June 2011. ________________________________________________________________ The following members of the Board considered this application BC-2011-04296 in Executive Session on 19 June 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 14 October 2011, w/atchs. Exhibit B. Letter, AFMOA/SGHI, dated 16 February 2012. Exhibit C. Letter, SAF/MRBR, dated 1 March 2012. Exhibit C. Letter, Applicant, dated 20 March 2012.