RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-03758
		 

		COUNSEL:  NONE

		HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He receive back-pay, points, medical benefits and all 
entitlements for the periods 20 June 2008 through 27 July 2008, 
and 1 April 2009 through 21 August 2009, based on medical 
documentation of his injury.  

________________________________________________________________

APPLICANT CONTENDS THAT:

Over the last two to three years he has been through, and is 
still experiencing, an unacceptable situation concerning his 
medical issues and military pay in the Air Force Reserves. 

1.  In 2007 he was placed on active duty and sent to Sheppard 
Air Force Base (AFB), TX for technical training where he 
initially incurred an injury while performing physical training.  
He went to sick call and was diagnosed with a pinched sciatic 
nerve.  His treatment was a light duty profile for two weeks and 
Ibuprofen 800 mg, three times a day.  After three weeks, at his 
follow up appoint, he explained to the physician that he  was 
still in a great amount of pain.  The physician put him on 
profile for two more weeks with the same treatment and included 
ice packs and heat.  His Reserve medical unit initiated a Line 
of Duty (LOD) injury report but the report was never completed.  
At that time, he was unaware that there were follow up 
procedures to resolve medical issues before his release from 
active duty.  He remained in pain but continued to perform his 
unit training duties as required.

2.  In January 2008, he was placed on active duty orders and 
deployed to Iraq for five months.  In February 2008, he 
aggravated his injury and went to the medical clinic because of 
the pain he was experiencing in his lower back and right hip.  
The physician prescribed 800 mg of Ibuprofen and put him on a 
profile.  He was advised to see his Primary Care Physician (PCM) 
upon his return from deployment.  Upon completion of the 
deployment, he returned back to his unit still in pain.  While 
on military leave, he had his post deployment physical and 
reported all of his medical issues to the physician.  They 
scheduled him for x-rays of his back and hip.  

3.  Subsequent to the x-rays, he was diagnosed with 
osteoarthritis of the back and hip.  His leave orders expired 
and he was not eligible to see a physician.  After one month of 
trying to get an LOD initiated to be placed on medical orders 
for treatment, his unit put him on regular man-day orders.  His 
PCM prescribed physical therapy for his back and hip.  His back 
still hurt even after completion of the physical therapy.  The 
man-day orders ended and his treatment came to a halt.  He had 
no income coming in for at least five months and could not 
return to his civilian job because of the heavy lifting he was 
required to do as a sheet metal mechanic for F-15 jets.  

4.  His LOD was not completed until July 2009, a year after his 
deployment.  He was then placed on medical orders in 
August 2009, and his treatments started again.  An MRI revealed 
that he had two herniated discs in his lower back, L4 and L5, at 
S1 in which the bulging discs were pressing on his sciatic 
nerve.  Two epidural injections and three nerve root blocks did 
not help his pain.  He had surgery and was out for five months.  
He is still being treated with different injections for the 
arthritis in his hip and the pain in his lower back.

This ordeal has caused hardship on his marriage and finances.  
He hopes to find favor and be granted back pay, points, and all 
other entitlements for his missed military active duty time.

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

________________________________________________________________

STATEMENT OF FACTS:

1.  The applicant is currently serving in the Air Force 
Reserves, in the grade of Technical Sergeant (TSgt) E-6.  
According to copies of documents extracted from the Automated 
Records Management System (ARMS), the applicant was on active 
duty orders for the periods of 28 January 2008 through 19 June 
2008, 28 July 2008 through 31 March 2009, and 22 August 2009 
through 17 December 2010.  

2.  On 24 June 2008 an informal Line of Duty determination was 
initiated by the applicant’s unit.  The AFRC IMT 348, Informal 
Line of Duty Determination, indicated that the initial date and 
time of treatment was 27 February 2007, when the applicant was 
treated at Sheppard AFB TX, for sciatica, acute back strain with 
sciatica and other and unspecified disorders of his back.  The 
recommended finding was “In Line of Duty (ILOD)” and reflected 
that the applicant injured his back during the time he was 
deployed from 8 January 2008 through 29 June 2008.  The 
recommended finding was approved by the appointing authority and 
forwarded to the AFRC LOD Board.  Subsequent to the coordination 
process through AFRC medical and legal reviews, whom non-
concurred with the appointing authority’s finding and 
recommended a new finding of Existed Prior to Service (EPTS) – 
Service Aggravated, the approving authority’s decision was EPTS-
Service Aggravated.  

3.  The remaining relevant facts pertaining to this application 
are contained in the letter prepared by the appropriate office 
of the Air Force at Exhibit C.  

________________________________________________________________

AIR FORCE EVALUATION:

1.  AFMOA/SGHI recommends denial.  SGHI states there is not 
enough evidence to show the applicant was unable to accomplish 
his military duties, between the timeframe of 20 June 2008 
through 27 July 2008 to retain him on active duty orders.  

2.  A review of the Command Man-Day Allocation System (CMAS), 
reflects the applicant was placed on several active duty tours, 
between the dates of 1 Oct 2008 through 21 Aug 2009.  CMAS also 
shows the applicant was placed on Medical Continuation (MEDCON), 
Title 10, 12301 (h) orders from 22 Aug 2009 through 10 Jul 2010. 
An initial request for MEDCON was placed 31 Mar 2009 but it was 
declined four times by HQ AFRC/SGPA, for lack of documentation, 
until 2 September 2009 when it was allocated.  Based on the 
applicant’s periods of active duty service, he was able to 
perform his military duty.

3.  The applicant was eligible for care, after his deployment, 
through the Transitional Assistance Management Program (TAMP) 
which provides 180 days of transitional health care benefits 
after regular TRICARE benefits ends.  Additionally, the 
applicant was on MEDCON orders for the duration of his surgery 
and recovery.  SGHI further states they cannot determine the 
timeframe when the applicant was without orders for 5 months.  
If the documentation provided and orders in CMAS are accurate, 
the total time for the applicant’s breaks in service is 55 days.  

The complete AFMOA/SGHI evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 1 March 2013 for review and comment within 30 days 
(Exhibit D).  To date, a response has not been received.  

________________________________________________________________


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, 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 that the applicant has 
not been the victim of an error or injustice.  The applicant did 
not provide evidence to overcome the presumption of fitness for 
duty in spite of the persistent nature of his complaints.  The 
Board further notes that the applicant was placed on several 
Active Duty for Operational Support (ADOS) tours between 
1 October 2008 through 21 August 2009 and was eligible to 
receive medical treatment during this time.  Additionally, the 
applicant was eligible for medical care, after his deployment, 
through the Transitional Assistance Management Program (TAMP) 
which provides 180 days of transitional health care benefits.  
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-2012-03758 in Executive Session on 29 May 2013, under 
the provisions of AFI 36-2603:

			, Panel Chair
      , Member
			, Member

The following documentary evidence was considered in AFBCMR 
Docket Number BC-2012-03758:  

    Exhibit A.  DD Form 149, dated 20 August 2012, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Record.
    Exhibit C.  Letter, AFMOA/SGHI, dated 25 February 2013.
    Exhibit D.  Letter, SAF/MRBR, dated 1 March 2013.




                                   
                                   Panel Chair



AFBCMR
1500 West Perimeter Road, Suite 3700
Joint Base Andrews NAF Washington, MD 20762



Dear:

	Reference your application submitted under the provisions of AFI 36-2603 (Section 1552, 
10 USC), AFBCMR Docket Number BC-2012-03758.

	After careful consideration of your application and military records, the Board determined that 
the evidence you presented did not demonstrate the existence of material error or injustice.  
Accordingly, the Board denied your application.

	You have the right to submit newly discovered relevant evidence for consideration by the Board.  
In the absence of such additional evidence, a further review of your application is not possible.

	BY DIRECTION OF THE PANEL CHAIR




				                                   
				                                   Chief Examiner
				                                   Air Force Board for Correction
				                                   of Military Records

Attachment:
Record of Board Proceedings



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