RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03676 

 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her Line of Duty (LOD) determination dated 6 December 2010 be 
opened for reinvestigation. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

On 14 December 2010 her LOD was denied and found to be “Existed 
Prior to Service” (EPTS). On 23 May 2011, she was denied a 
reinvestigation of her LOD determination. 

 

She injured her back on 8 February 2009 while on duty. She 
slipped while getting out of the shower but caught herself on 
the vanity. She continued to get dressed. When she leaned over 
to pick up her boots she felt a sharp pain travel from her back 
down her left leg. She was not immediately treated for the 
injury. Once she saw a doctor no studies were done to find the 
correct diagnosis or treatment. 

 

Her injury was exacerbated while going to work and doing 
everyday tasks which led to emergency room visits and further 
tests. Medical exams and treatments are ongoing. 

 

She believes an error was made when her injury was listed as 
EPTS and when the condition became exacerbated it was claimed to 
be a second injury. 

 

She has new information from her doctors concerning her 
condition. 

 

In support of her request, the applicant submits a personal 
statement, copies of her medical records, statements from 
doctors and unit personnel and other supporting documents. 

 

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

 

________________________________________________________________ 

 

 


 

STATEMENT OF FACTS: 

 

The applicant is currently serving in the grade of Master 
Sergeant (MSgt) E-7, in the Air Force Reserves. 

 

The LOD determination was initiated on 7 August 2010. At the 
time of the initial injury the applicant was in Inactive Duty 
Status attending a Unit Training Assembly (UTA). The initial 
finding was “In Line of Duty” (ILOD). Subsequent to completion 
of the coordination process the final finding was “EPTS - LOD 
Not Applicable.” 

 

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. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFRC/SG recommends denial. SG states: the applicant alleges two 
falls that led to the degenerative process in her back. Neither 
alleged injury was reported to the Reserve Medical Unit in a 
timely manner in accordance with AFI 48-123, Physical 
Examinations and Standards, chapter 11.4.2., and no 
contemporaneous documentation was provided for the initial line 
of duty determination or the request for reinvestigation. 

 

The applicant’s medical record is completely silent as to the 
relationship to military duties to the degenerative disc disease 
found demonstrated on an MRI dated 8 July 2010, seventeen months 
after the alleged initial injury. 

 

Given the complete lack of evidence of an injury during a duty 
status, combined with the significant delay and considerable 
intervening periods of civilian status, the preponderance of 
clinical evidence in this case clearly points to a non-duty 
related or aggravated degenerative disease of the lumbar spine. 
No new medical evidence has been presented to overcome this 
preponderance or permit a re-investigation in accordance with 
AFI 36-2910, Line of Duty (Misconduct) Determination, Ch 4.1 
which states: “A final LOD may be opened for reinvestigation 
only if new and significant evidence indicates a likelihood of 
error. The reinvestigation may be limited to address only those 
issues raised by new evidence.” No medical injustice has 
occurred and no specific relief is required. 

 

The complete AETC/SG evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 


 

The applicant states the LOD dated 8 July 2010 was for a back 
injury that occurred on 8 Feb 2009, as the result of a fall and 
was not submitted for degenerative disc disease. She reiterates 
her previous contentions and highlights the fact that she 
reported the incident immediately after it happened and the 
First Sergeant told her to go home and he failed to file the 
required report of injury. The applicant included copies of 
documents previously submitted in her application package. 

 

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. 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 office of primary responsibility and adopt its 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice. The applicant did 
not provide new medical evidence to overcome the preponderance 
of clinical evidence that points to a non-duty related or 
aggravated degenerative disease of lumbar spine. 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 
BC-2011-03676 in Executive Session on 7 June 2012, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 


 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149 dated 16 September, 2011 w/atchs. 

 Exhibit B. Letter, HQ AFRC/SG, dated 25 April 2012. 

 Exhibit C. Message, SAF/MRBC, dated 11 May 2012. 

 Exhibit D. Letter, Applicant, dated 25 May 2012 w/atchs. 

 

 

 

 

 

 Panel Chair