RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00563
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was placed on active duty
from 9 Nov 09 through 15 Dec 09 for medical treatment and
recovery from his line of duty (LOD) injury.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was injured while he was in Iraq. He was told he would be on
active duty orders, performing light duty, while recovering from
surgery. Because of the injury, he was unable to work for a
month and should have been placed on active duty for medical
treatment and recovery.
In support of his appeal, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, AFRC IMT 348, Informal Line of Duty (LOD) Determination,
excerpts from his medical records, and correspondence related to
the matter under review.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
Information extracted from the Military Personnel Data System
(MilPDS) indicates the applicant is currently serving with the
Air Force Reserve in the grade of staff sergeant (E-5),
effective and with a date of rank of 1 Jul 07.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFRC/SG recommends denial, indicating the applicants submission
lacks sufficient documentation to recommend granting the relief
requested. The applicant commenced a tour of active duty on
2 Jan 08 and was deployed to Iraq. During the deployment, he
developed a knot (ganglion) on his left wrist which was
evaluated on 7 Oct 08 upon his return to home station. An LOD
determination was initiated and his injury was found to be in
the LOD on 16 Nov 08. On 17 Nov 08, he was placed on active
duty for medical continuation until 14 Jan 09 when he was
released from active duty. On 29 Sep 09, he was seen by his
orthopedic specialist who found reoccurrence of the ganglion and
referred him for surgery. In accordance with the 8 Dec 06
SAF/AA memo, Return to Active Duty of Air Reserve Component
(ARC) Members Unable to Perform Military Duties, members are
eligible for active duty orders for periods they are unable to
perform military duty as a result of a service connected
condition. While the generic work excuse included in the
submission makes it clear that he was unable to perform his
duties during the period 25 Nov 09 through 15 Dec 09, neither
his present submission, nor his original request for medical
continuation, contains evidence he was undergoing any specific
treatment.
A complete copy of the AFRC/SGP evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 19 Mar 10 for review and comment within 30 days.
As of this date, no response has been received by this office
(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 an 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.
While it appears he underwent some kind of medical treatment
related to his LOD injury, the evidence presented does not
include any documentation describing the actual treatment or his
prognosis (i.e. a treatment or post-operative report), which
would be essential in determining his entitlement to the
requested relief. 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 AFBCMR Docket
Number BC-2010-00563 in Executive Session on 26 Oct 10, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Feb 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFRC/SGP, dated 3 Mar 10.
Exhibit D. Letter, SAF/MRBR, dated 19 Mar 10.
Panel Chair
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