RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02698
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His date of separation be extended from 31 May 2010 to
30 September 2010 and he be processed for a Medical Evaluation
Board (MEB).
________________________________________________________________
APPLICANT CONTENDS THAT:
When he returned from Afghanistan with a severe injury, there
was not sufficient time to get the necessary treatment before
his mandatory retirement date of 31 May 2010.
He injured his left shoulder (rotator cuff) in August 2009 while
in combat skills training. In September 2009, he received a
cortisone injection. He left for Afghanistan shortly
thereafter. While in Afghanistan, he received another injection
in November 2009 and he also injured his neck.
Upon return from that deployment, he received treatment for
these injuries and was told by a senior medical technician that
the Veterans Affairs (VA) would take care of his medical
issues; or the issues would be covered by his retired active
duty Tricare. He was also told that since he began treatment
prior to retirement, he would be treated at no charge by
Tricare. It was not until he received the Line of Duty on
11 August 2010, that he found out these statements were untrue.
He continued cortisone injections in April 2010 and had surgery
on his rotator cuff on 1 July 2010. He also began physical
therapy for his neck issues on 30 September 2010. He was
fortunate to have Tricare Standard as he was able to pay the
copays. He was not seen at the VA until 8 months after his
retirement date.
In support of his appeal, the applicant provides a timeline of
the events, e-mail correspondence, medical documentation and
documentation from his master personnel records.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Air Force Reserve. He
retired on 31 May 2010 in the grade of lieutenant colonel.
The remaining relevant facts pertaining to this case are
contained in the letter prepared by the Air Force office of
primary responsibility and contained at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/SGPA recommends denial. The applicant re-injured his
preexisting condition during combat skills training prior to
deploying in August 2009. He completed his deployment and
returned home in April 2010. He was given an LOD for his
service-related injury. His injury was found in the line of
duty. An LOD allows service members to continue to receive care
and treatment at the VA, but does not mean an MEB is warranted.
To be eligible for MEB processing, there would have to be a
likelihood that the condition would not resolve or improve
within 12 months. The applicants condition improved four
months after receiving care and treatment.
The applicant had a mandatory separation date of 31 May 2010.
He is not eligible for Medical Hold in accordance with
applicable regulations. Medical Hold is not for the purpose of
evaluating or treating chronic conditions, performing diagnostic
studies, elective treatment or remedial defects, non-emergent
surgery or its subsequent convalescence, civilian employment
issues, preservation of terminal leave or any other condition
which does not warrant termination of active duty. The
applicant has had this condition since 2004.
The complete SGPA 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 30 August 2013 for review and comment within
30 days(Exhibit D). As of this date, this office has received
no response.
________________________________________________________________
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. After a
thorough review of the evidence of record, we see no evidence of
error or impropriety in the LOD process and are not persuaded by
the applicants contentions, that he has been the victim of an
injustice. It appears the applicants medical case was properly
evaluated under the appropriate Air Force regulations, which
implement the law. Therefore, we agree with the opinion and
recommendation of NGP/SGPA and adopt their rationale as the basis
for our conclusion that the applicant has not been the victim of
an error or injustice. In the absence of evidence to the
contrary, we find no basis to recommend granting the relief
sought in this application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
________________________________________________________________
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-2013-02698 in Executive Session on 27 February 2014,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A1. DD Form 149, dated 30 May 12, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, NGB/SGPA, dated 24 Jul 13.
Exhibit D. Letter, SAF/MRBR, dated 30 Aug 13.
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