RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-04815
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be placed on medical continuation orders.

2.  He be entitled to a point for each day that he should have 
been continued on military orders.

________________________________________________________________

APPLICANT CONTENDS THAT:

While he was on orders for 167 days, he was diagnosed with a 
hernia in Feb 2011 and surgery was recommended.  He contacted his 
reserve medical unit and requested his current orders be extended 
and a LOD be initiated.  He was told that his orders were not 
being extended because he failed to disclose the injury on his 
redeployment health questionnaire.  At the time he completed the 
questionnaire, he was excited about going home and failed to 
realize the full extent of his injury.  Once on leave, he realized 
the extent and immediately contacted his reserve medical unit.  
However, his orders were allowed to end and he had to wait almost 
eight months to have a AFRC IMT 348, Informal Line of Duty 
Determination done.  He was forced to go back to work immediately 
following the first surgery.  He filed for Incapacitation Pay 
(INCAP) in the spring of 2012, but was only granted INCAP pay 
beginning on 1 Apr 2011.  He was told that he was not entitled to 
military pay for that time period because he did not have a 
civilian job in Mar 2012. 

He should have been kept on military orders and allowed to work up 
until his surgery and then remain on orders until he recuperated.  
Although he received INCAP pay from 1 Apr 2012, he is entitled to 
a point for each day that he should have been continued on 
military orders.

In support of his request, the applicant provides copies of his 
medical records, AF IMT 1971, Certification for Incapacitation 
Pay; AF Form 938, AFRC IMTs 348, and various other documents 
associated with his request.

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

________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained in 
the letter prepared by the BCMR Medical Consultant.  Accordingly, 
there is no need to recite these facts in this Record of 
Proceedings.

________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical 
Consultant states that the applicant’s ventral hernia existed 
prior to service.  The Medical Consultant also opines that the 
applicant’s ventral and supraumbilical hernias were not unfitting 
conditions.  After his medical visit on 22 Feb 2011 he appears to 
have been capable of completing his tour of duty without duty 
restrictions. The applicant underwent elective surgical 
procedures, on a non-emergent basis for conditions that presented 
in their expected natural progression, as would occur with 
increase in intra-abdominal pressure due to any cause.  Since his 
conditions did not interrupt or interfere with completion of his 
tour of duty, as would otherwise be verified through medical 
records and profile restrictions, he was not eligible for medical 
continuation orders.  Moreover, the purpose of the Reserve 
incapacitation benefit system is to compensate, to the extent 
permitted by law, members of the Air Force Reserve who experience 
incapacitation or loss of civilian earnings as a result of injury, 
illness or disease incurred or aggravated in the LOD and provide 
the required medical and dental care associated with the 
incapacitation.  The applicant’s LOD determination was very 
specific and “Limited to his umbilical and supraumbilical hernia.”  
He underwent an uneventful repair of the umbilical and 
supraumbilical hernia.  His surgeon states that he would have been 
placed on quarters for two weeks followed by four weeks of light 
duty.  If the Board were to take the worst case scenario the 
applicant would have only received Incapacitation Pay from 25 Mar 
2011 until approximately 4 May 2011.  Instead he received 
incapacitation pay from 1 Apr 2011 through 23 Sep 2011.

On 1 Jul 2011, the applicant’s surgeon repaired a right inguinal 
hernia, and a left inguinal hernia.  The pathophysiology of an 
inguinal hernia is entirely different from an umbilical hernia.  
Noting that the applicant had no complaints regarding his inguinal 
hernias, the Medical Consultant opines they were clinically 
insignificant during his deployment.  In fact the left inguinal 
hernia was only brought to the attention of all parties after 
advanced imaging techniques were applied [it was found by 
accident].  His LOD was specific for his “service aggravated” 
umbilical hernia.  The inguinal hernia repairs and their 
associated complications were elective procedures and non-duty 
related.  The applicant received approximately 150 days of 
incapacitation pay which the Medical Consultant believes were 
inadvertently authorized.  The Medical Consultant opines that the 
applicant had additional surgical procedures done outside the 
scope of his reported injury and existing LOD.

The complete BCMR Medical Consultant’s evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 Jul 2013, a copy of the BCMR Medical Consultant’s evaluation 
was forwarded to the applicant 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, we agree with the opinion and recommendation of 
the BCMR Medical Consultant and adopt his 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 this application in 
Executive Session on 15 Aug 2013, under the provisions of AFI 36-
2603:

________________________________________________________________

   , Panel Chair
   , Member
   , Member

The following documentary evidence was considered in AFBCMR BC-
2012-04815:

   Exhibit A. DD Form 149, dated 14 Sep 2012, w/atchs.
   Exhibit B. Applicant's Available Military Records.
   Exhibit C. Letter, BCMR Medical Consultant, dated 11 Jul 2012.
   Exhibit D. Letter, SAF/MRBC, dated 12 Jul 2013.




                                   
                                   Panel Chair