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AF | BCMR | CY2010 | BC-2010-03777
Original file (BC-2010-03777.txt) Auto-classification: Approved
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 applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s 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 


applicant’s activation down range and therefore would be ILOD. 
On 24 Feb 10, the applicant’s 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 applicant’s 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 applicant’s 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 applicant’s line of duty (LOD) determination. While we 
note the comments by the Air Force office of primary 
responsibility (OPR) indicating the applicant’s 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 
applicant’s orthopedic surgeon indicating the applicant’s 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 applicant’s 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 applicant’s 
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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