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AF | BCMR | CY2012 | BC-2012-01239
Original file (BC-2012-01239.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

DOCKET NUMBER: BC-2012-01239 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

 
IN THE MATTER OF: 
   
    
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His  Informal  Line  of  Duty  (LOD)  Determination,  dated  26  April 
2006, for his left knee injury be corrected to include his head 
and neck injury.   
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He sustained a cervical and lumbar spine injury during the same 
fall in which he sustained his left knee injury.   
 
In  support  of  his  appeal,  the  applicant  provides  copies  of  his 
Informal LOD Determination and supporting medical documentation.   
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant is a former member of the United States Air Force 
Reserve (USAFR) who was transferred to the Retired Reserve in the 
grade of master sergeant (E-7).  According to medical documents 
provided  by  the  applicant,  he  sustained  a  left  knee  injury  on 
16 March  2006  while  performing  C-130  crew  duties  in  the  cargo 
compartment  of  his  aircraft.    It  is  noted  on  his  Informal  LOD 
Determination that “he felt his [left] knee give out” followed by 
a  sharp  pain  in  the  knee.    He  fell  to  the  floor  of  the  cargo 
compartment  and  was  helped  into  a  troop  seat  by  the  second 
loadmaster.  The injury to his left knee was a recurrence of a 
previous  injury.    He  subsequently  had  surgery  on  the  knee  on 
13 April 2006 and the prognosis was for a complete recovery.   
 
On 5 May 2006, it was determined the applicant’s injury was found 
to be in the line of duty.  The appointing authority’s decision, 
dated  5  June  2006,  indicates  the  applicant’s  condition  existed 
prior to service (EPTS), but was service aggravated.    
 
The  remaining  relevant  facts,  extracted  from  the  applicant 
military  service  records,  are  contained  in  the  evaluation 

worsening 

of 

or 

longstanding 

prepared  by  the  Air  Force  office  of  primary  responsibility  at 
Exhibit B.   
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFRC/SG  recommends  denial.    SG  states  that  documents  from  a 
civilian  orthopedics  provider  acknowledged  the  applicant 
sustained a “jammed neck.”  However, although an LOD for cervical 
strain should have been accomplished in 2006, it would have been 
for  self-limited  cervical  strain.    The  silence  in  the  medical 
record  and  the  follow-on  examinations  to  include  radiographic 
studies,  demonstrate  no  permanent  injury.    The  degenerative 
disease process of the applicant’s cervical spine would have been 
found EPTS/LOD not applicable.  There is no evidence of permanent 
injury 
permanent 
chronic 
degenerative changes.   
 
The complete SG evaluation is at Exhibit B. 
 
_________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
The  facts  remain  that  he  sustained  a  fall  on  a  C-130  aircraft 
while  serving  on  active  duty.    He  did  report  to  the  clinic  and 
there was clinical documentation indicating he had head and neck 
injuries.    These  injuries  should  have  been  included  in  the  LOD 
determination  since  it  had  been  reported  and  documented.    His 
injuries  have  been  devastating  and  has  caused  years  of  pain  and 
suffering.    Being  found  “fit  for  duty”  does  not  mean  that  there 
were  not  unresolved  injuries.    He  can  no  longer  work  and  is 
currently  on  Social  Security  disability  as  a  result  of  these 
injuries.  The error of his LOD not including his cervical injury 
is  unjust  as  the  medical  evidence  shows  residual  conditions 
continue.   
 
The  applicant’s  complete  rebuttal,  with  attachments,  is  at 
Exhibit D.   
 
_________________________________________________________________ 
 
THE BOARD CONCLUDES THAT: 
 
1.  The applicant has exhausted all remedies provided by existing 
law or regulations. 
 
2.  The  application  was  not  timely  filed;  however,  it  is  in  the 
interest of justice to excuse the failure to timely file. 
 
3.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  an  error  or  an  injustice.    We  took 

 

2

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  the 
applicant  has  not  been  the  victim  of  an  error  or  injustice.  
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-2012-01239  in  Executive  Session  on  14  November  2012, 
under the provisions of AFI 36-2603: 
 

 
 
 

  Panel Chair 
  Member 
  Member 

 
The  following  documentary  evidence  was  considered  for  AFBCMR 
Docket Number BC-2012-01239: 
 

Exhibit A.  DD Form 149, dated 3 Mar 12, w/atchs. 
Exhibit B.  Letter, AFRC/SG, dated 22 May 12. 
Exhibit C.  Letter, SAF/MRBR, dated 24 May 12. 
Exhibit D.  Letter, Applicant, dated 4 Jun 12, w/atchs. 

 
 
 
 
 
 

 

  

 

 
 

 
 

 
 

 
 

  
Panel Chair 

3



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