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AF | BCMR | CY2013 | BC 2012 05118
Original file (BC 2012 05118.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05118
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to show that she was not placed on 
medical hold, but instead continued on active duty for medical 
continuation (MEDCON), for the period of 6 Mar 11 to 31 Dec 12.  

_________________________________________________________________

APPLICANT CONTENDS THAT:

She has not been able to accumulate retirement points and pay 
due to the medical hold, which precludes her from performing her 
reserve military duties.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant currently serves in the Air Force Reserve in the 
grade of master sergeant (E-7).

On 6 Mar 11, the applicant was provided an AF Form 469, Duty 
Limiting Condition Report, indicating she was restricted from 
participating in running, timed walks, push-ups, sit-ups, or 
vigorous activities.  It also indicated the applicant is 
undergoing a Medical Evaluation Board (MEB) and cannot 
permanently change stations (PCS), deploy, or be mobilized until 
disposition is made.  

According to information extracted from the Military Personnel 
Data System (MilPDS), the applicant has attained more than 
24 years of satisfactory reserve service and is eligible for a 
reserve retirement.

The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force, which are at Exhibits C and D.

_________________________________________________________________

AIR FORCE EVALUATION:

AFRC/SG recommends denial, indicating there is no evidence of a 
connection between the applicant’s implanted ICD and any period 
of duty.  A Line of Duty (LOD) was not requested and does not 
appear to be necessary.  The medical documentation provided by 
the applicant indicates she had a defibrillator implanted for 
cardiomyopathy that developed after her chemotherapy for Non-
Hodgkin’s Lymphoma that was diagnosed in 1998.  The physician 
indicates that her cardiac condition could have predated her 
treatment for Hodgkin’s and may be service connected; however, 
no service connection for the condition has been made.

In 2000, the applicant was found fit for duty through a fitness 
for duty evaluation and returned to duty on an assignment 
limitation code.  She has had case renewals since then in 2003, 
2007, and 2010.  Her most current renewal expired on 31 Mar 13.  
The applicant has continued to participate as a traditional 
reservist and has even been granted waivers to perform an annual 
tour outside the Continental United States (OCONUS), despite the 
limitations of her non-duty related conditions.

A complete copy of the AFRC/SG evaluation is at Exhibit C.

AFPC/DPFA recommends denial, indicating that a review of the 
Command Man-Day Allocation System (CMAS) does not show a request 
for MEDCON or any Title 10 orders prior to or during the 
timeframe in question.  The Automated Line of Duty (ALOD) system 
does not indicate a LOD was ever initiated; however, the 
applicant does have a Duty Limiting Condition (DLC) report, 
dated 6 Mar 11, that identifies her as a code 37, which 
indicates the applicant is unable to participate for pay and 
points.  Having a DLC does not, in of itself, qualify for an LOD 
or eligibility for MEDCON.

A complete copy of the AFPC/DPFA evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 5 Jul 13 for review and comment within 30 days.  As 
of this date, no response has been received by this office 
(Exhibit E).

__________________________________________________________________

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 an error or injustice.  We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we agree with the opinions and 
recommendations of the Air Force offices of primary 
responsibility (OPR) and adopt their rationale as the basis for 
our conclusion the applicant has not been the victim of an error 
or injustice.  The evidence presented does not indicate that the 
applicant’s ailments were incurred in the line of duty (LOD); 
therefore, her non-duty related conditions would not form the 
basis for an entitlement to medical continuation (MEDCON) or 
other disability 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 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-2012-05118 in Executive Session on 20 Aug 13, under 
the provisions of AFI 36-2603:

	              , Panel Chair
	              , Member
	              , Member

The following documentary evidence was considered:

	 Exhibit A.  DD Form 149, dated 25 Oct 12, w/atchs.
	 Exhibit B.  Applicant's Master Personnel Records.
	 Exhibit C.  Letter, SAF/MRBR, dated 21 Jun 13.
	 Exhibit D.  Letter, AFPC/DPFA, dated 27 Jun 13.
   Exhibit E.  Letter, SAF/MRBR, dated 5 Jul 13.  




                                   
                                   Panel Chair




3


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