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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