RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03777
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His Line of Duty (LOD) Determination be changed to reflect
his injuries were incurred in the LOD (ILOD), rather than existed
prior to service (EPTS).
2. His records be corrected to reflect he was not released from
active duty on 10 Jan 10, but was retained on active duty for
medical hold through 15 Apr 10.
_________________________________________________________________
APPLICANT CONTENDS THAT:
After his deployment, he should have been allowed to remain on
active duty until his shoulder injury was resolved. Furthermore,
his shoulder injury should have been determined to be in LOD.
In support of his request, the applicant provides copies of
documents extracted from his military personnel and medical
records, a copy of a letter to his congressional representative,
and a summary for his LOD case.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate that he
served in the Air Force Reserve in the grade of lieutenant
colonel (O-5) during the matter under review.
On 16 Apr 09, the applicant commenced a tour of active duty
(voluntary) in support of Operation ENDURING FREEDOM and served
on active duty until he was released on 10 Jan 10.
On 13 Jan 10, a hand-written informal LOD was initiated and
reaccomplished on 21 Jan 10 indicating that in October 2009, the
applicant indicated while deployed to CENTCOM AOR, he began to
feel pain in his right shoulder. It was further noted that if,
in fact, there was an injury it would have been during the
applicants activation down range and therefore would be ILOD.
On 24 Feb 10, the applicants condition was determined to have
existed prior to service (EPTS).
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the Air Force, which are attached at Exhibits C and D.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFRC/SGP recommends denial of the applicants request to have
his shoulder injury found ILOD, rather than EPTS-N/A. A review
the medical evidence provided did not support an ILOD finding.
Further, there was no evidence provided that reflects a permanent
service worsening of a pre-existing condition. The applicant has
been provided information regarding submitting a request for
reinvestigation and is advised to do so.
The complete HQ AFRC/SGP evaluation is at Exhibit C.
AFRC/A1 recommends denial of the applicants request to have his
records corrected to reflect he was retained on active duty until
15 Apr 10. AFRC/A1 indicates that no evidence was found or
submitted that reflects the applicant should have remained on EAD
orders beyond the normally established expiration date of the EAD
orders due to a medical condition.
The complete AFRC/A1 evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 4 Mar 11 for review and comment within 30 days. As
of this date, no response has been received by this office
(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 with respect
to the applicants line of duty (LOD) determination. While we
note the comments by the Air Force office of primary
responsibility (OPR) indicating the applicants injury was not in
the line of duty, we believe a preponderance of the evidence
indicates that his injury was at least aggravated by his military
service. In this respect, we note the letter from the
applicants orthopedic surgeon indicating the applicants injury
most likely occurred while he was deployed. Notwithstanding the
above, insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice with respect
to the applicants contention he should have been retained on
active duty for the treatment of his medical condition. While we
believe the evidence is sufficient to demonstrate the applicants
injury was at least aggravated by his military service, the
evidence is insufficient to conclude that this injury rendered
him unfit for duty and that he should have been retained beyond
the expiration of his active duty orders. Therefore, we
recommend his records be corrected to the extent indicated below.
_________________________________________________________________
The pertinent military records of the Department of the Air Force
relating to the APPLICANT, be corrected to show that Block 11, Approval Authority Decision, of his AFRC IMT 348, Informal Line
of Duty Determination, dated 21 January 2010, be amended to
reflect that his right shoulder injury was found to be EPTS
Service Aggravated.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2010-03777 in Executive Session on 14 Jul 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Sep 10, w/atchs.
Exhibit B. Applicant's Master Personnel Record.
Exhibit C. Letter, HQ AFRC/SGP, dated 9 Nov 10.
Exhibit D. Letter, HQ AFRC/A1K, dated 1 Feb 11.
Exhibit E. Letter, SAF/MRBR, dated 4 Mar 11.
Panel Chair
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