RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00593
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His medical condition (Essential Tremor) be found to be in the
Line of Duty (INLOD) and/or service-connected.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
The applicant contends that his condition worsened after he was
injured, while serving on an extended active duty (EAD) tour
from 2 19 Mar 08. The applicant was severely attacked, choked
until he was unconscious, and struck several times in the head
and body. Prior to this, the applicant was diagnosed, in 2002,
with Essential Tremors. Upon returning to his unit, a Line of
Duty Determination (LOD) was implemented, and he was released
and returned to his civilian employment.
Subsequent to the attack, his tremors became worse and he
elected to have a Neurostimulator implanted to help with his
condition. On 14 Dec 10, he was notified that he was
disqualified for worldwide duty.
In support of his appeal, the applicant provides a personal
statement; copies of letters from the attending physicians; his
LOD, dated 26 Mar 08; AF Form 469, Duty Limiting Condition
Report, dated 26 Mar 08, his EAD orders, and other supporting
documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Based on the available record, the applicant was on extended
active duty (EAD) for the period 2 19 Mar 08. While at his
TDY location, he was attacked and received injuries, to include
rib contusion, concussion and subconjunctival hemorrhage to both
eyes, which were deemed INLOD.
Subsequent to his tour on EAD, he required an implant of a
Neurostimulator to control his condition. The applicants unit
conducted a World Wide Duty Evaluation (WWDE) and he was
disqualified from WWD, due to the implant of the
Neurostimulator.
________________________________________________________________
THE AIR FORCE EVALUATION:
NGB/AIPS concurs with the NGB Subject Matter Expert (SME)
advisory that the initial LOD and MEB were done in accordance
with current guidance, however, once additional medical
documentation was received a new LOD should have been initiated,
which would have in turn required a follow-on MEB review to
determine whether the member could be returned to duty. Until
the second MEB is accomplished, the applicants disqualifying
condition for World Wide Duty remains in effect in accordance
with (IAW) AFI48-123, Medical Examinations and Standards,
paragraphs 13.2.3 and 13.2.10. The SME has completed a thorough
review of this BCMR and has provided additional information to
help the board make a determination.
The complete NGB/A1PS evaluation, with attachments, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 8 Apr 11 and 5 Dec 11 for review and comment. 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. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice warranting
corrective action. The available evidence of record reflects
the applicants condition and the subsequent implant of the
Neurostimulator disqualified him for WWD. Nonetheless, it
appears that a LOD and possible referral through the Disability
Evaluation System should have been accomplished rather than a
WWDE. We note the comments of the NGB OPR and agree with their
recommendation that a follow-on medical evaluation should be
accomplished. Therefore, we recommend a second MEB be conducted
to determine the applicants fitness for duty and that his
record be corrected to the extent 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 an Air
Force IMT 348, Line of Duty Determination, be completed
reflecting that the applicants medical condition, which existed
prior to service was deemed Existed Prior to Service with
Service Aggravation, with referral to a Medical Evaluation
Board.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-00593 in Executive Session on 13 December 2011,
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Feb 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/A1PS, dated 18 Mar 11, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 8 Apr 11.
Panel Chair
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