RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00758
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
She be entitled to medical continuation on active duty from
3 Mar 08 30 Sep 08.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
Subsequent to a tour of extended active duty (EAD) in support of
Operation ENDURING FREEDOM, she started experiencing symptoms
consistent with Post-Traumatic Stress Disorder (PTSD). However,
after contacting the military healthcare providers and not
receiving any care, she took it upon herself to contact the
local Veterans Affairs (VA) office for assistance and was
diagnosed with PTSD. The curtailment of her EAD tour was the
result of her filing a Health Insurance Portability and
Accountability Act (HIPAA) violation complaint on her supervisor
and believes this was unprofessional, malicious and done in
retribution for her filing of the complaint.
She was incorrectly advised by her supervisor that she had to be
treated by a military treatment facility (MTF).
A Line of Duty (LOD) determination should have been made at the
time of the incident and the delay has caused undue economic
hardship.
In support of her appeal, the applicant provides a personal
statement; copies of her EAD tour orders; LOD determination; a
copy of the PTSD diagnosis, and other supporting documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted
from the applicants military records, are contained in the
letter prepared by the appropriate office of the Air Force.
________________________________________________________________
THE AIR FORCE EVALUATION:
NGB/A1PS recommends denial, stating, in part, after a review of
the available record, they found no evidence the applicant was
unable to perform her military duties.
Based on current law and policy, to qualify for return to active
duty, a member has to be unable to perform their military duties
as a result of a condition incurred while serving on active duty
orders.
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 6 May 2011 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 error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, based on the available evidence of record and
that provided by the applicant, we do not find the evidence
sufficient to determine the applicant required medical
continuation. In addition, while we note the applicants stated
request, we do not find any evidence to substantiate that the
applicants tour in support of the noted contingencies was
curtailed as a result of her submission of a HIPAA violation or
that she was entitled to remain on extended active duty orders
until 30 September 2008. In view of the above and 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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2011-00758 in Executive Session on 22 September 2011,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Feb 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/A1PS, dated 20 Apr 11, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 6 May 11.
Panel Chair
AF | BCMR | CY2011 | BC-2011-01272
________________________________________________________________ THE APPLICANT CONTENDS THAT: While serving on extended active duty (EAD), she was injured and involuntarily released from active duty prior to her medical condition being resolved. ________________________________________________________________ THE AIR FORCE EVALUATION: AFRC/A1PS recommends denial, stating, in part, at this time there is no documentation provided showing the applicant was unable to perform ~military duties...
AF | BCMR | CY2010 | BC-2010-04612
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04612 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: She be entitled to medical continuation on extended active duty (EAD) from 1 October 2009 through 19 November 2010. ________________________________________________________________ THE AIR FORCE EVALUATION: NGB/A1PS recommends approval, stating,...
AF | BCMR | CY2011 | BC-2011-00593
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 applicants unit conducted a World Wide Duty Evaluation (WWDE) and he was disqualified from WWD, due to the implant of...
AF | BCMR | CY2011 | BC-2009-03964
As a result of her erroneous DOS, she was prematurely considered by the CY10 NGB STFM Board which directed her release from EAD, effective 27 Jan 10. The recommended active duty time required for a master sergeant (E-7) to be granted career status is at least eight years; however, the applicant had only attained three years of total active service at the time of her selection. Nonetheless, we believe the commander’s decision to establish the applicant’s DOS as 27 Jan 10 was reasonable in...
AF | BCMR | CY2011 | BC-2011-02176
In support of his appeal, the applicant submits a personal statement; copies of his active duty orders; DD Forms 214, Certificate of Release or Discharge from Active Duty, ending 13 Sep 07 and 3 Sep 10, respectively; AF IMTs 348, Line of Duty Determination, and other supporting documents from his military personnel and servicemember medical records. EXAMINER NOTE: The applicant responded to the Air Force evaluation and provided the required AF Form 469 and copies of AF Forms 422 and A1PS...
AF | BCMR | CY2013 | BC-2012-05912
In addition, the Department of Defense Inspector General (IG DoD/MRI) concurred with the determination, approved the report, and substantiated the allegations (Exhibit B). We note that based on the Report of Investigation (ROI) from the SAF/IG the applicant was the victim of reprisal under the Whistleblower Protection Act (10 USC 1034) by his former commander who denied his reenlistment and attendance at the Chief Executive Course (CEC). Other than the comments in the ROI, the applicant...
AF | BCMR | CY2012 | BC-2012-02900
The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility which are included at Exhibits C, D, and E. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PP recommends denial of the applicants request for promotion to Master Sergeant, indicating there is no evidence of an error or injustice. ANGI 36-2502, Promotion of Airman, states Prior to promotion to any...
AF | BCMR | CY2010 | BC-2010-02968
Without the return to active duty eligibility date, they are unable to validate the applicants request to amend her DD Form 214 to reflect the time she may have been eligible for active duty as a result of the LOD condition. However, based on the evidence of record, the applicant was not on a profile of any type at the time of her release from active duty; therefore, she was deemed fit for military duty and not eligible for medical continuation orders in accordance with Department of...
AF | BCMR | CY2013 | BC 2013 03094
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03094 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He receive retirement points for the period 27 Sep 10 through 1 Apr 12 rather than Incapacitation Pay (INCAP Pay). In support of his appeal, the applicant provides a personal statement; active duty orders for the period, 2 Jun 26 Sep...
AF | BCMR | CY2011 | BC-2011-03830
Thereafter, the 109th Force Support Squadron (109th FSS) Commander demoted the applicant to staff sergeant with an effective date and date of rank of 22 Jan 10. After a review of the information provided and the additional information provided by her unit, A1POE was not able to find sufficient evidence to determine she was not given due process. The complete NGB/A1PS evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR...