RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02711
		INDEX CODE:  128.14
		COUNSEL:  NONE
		HEARING DESIRED:  YES

	Mandatory Case Completion Date:  4 Mar 06

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APPLICANT REQUESTS THAT:

His records be corrected to show that he was entitled to incapacitation pay. 
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APPLICANT CONTENDS THAT:

In 1976, he lost his civilian job as a result of injuries he received while he was on duty with the Air Force Reserves.  He was asked to stay on as a Reservist until a replacement arrived and he agreed.  He was told he would receive a disability, but in 1979 after he put in the paperwork everything stopped.  

In support of his request, applicant provided a personal statement, documents extracted from his medical records, documents associated with his Reserve retirement, documents associated with his request for incapacitation pay, and documentation associated with his request for Social Security benefits.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 16 Jul 54 and was released from active duty on 19 Feb 68.  He enlisted in the Air Force Reserves on 14 Jun 71 as an Air Reserve Aeromedical Technician and in a full time civil service position that was the same as his Reserve duty.  He was placed on the Retired Reserve List on 14 Oct 79, having attained sufficient years for a Reserve retirement while serving both active and reserve time eligible for retired pay at age 60 under Chapter 67, Title 10, United States Code (USC).  At the time of his placement on the Reserve Retired List, he had completed 24 years, 7 months, and four days of service. 
His service medical records reflect that he injured his right shoulder falling off either a bicycle (26 Aug 74 entry) or a motorcycle (22 Oct 1974 entry) resulting in separation of the sternoclavicular joint, the flexible connection between the collar bone (clavicle) and the breast-bone (sternum).  He had corrective surgery in February 1975 and returned to his duties but re-injured the same articulation while performing duties on 2 Jan 76.  On 8 Jan 76, he underwent surgical removal of one inch from the end of the clavicle adjacent to the sternum.  

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AIR FORCE EVALUATION:

AFRC/DPMB recommends denial.  DPMB states on 2 Jan 76, he injured his right shoulder while on orders.  Successful surgery was performed on 8 Jan 76 and he was placed on Profile 1 (fit for duty).  There is no record of his profile ever changing at anytime after his surgery.  Entitlements to incapacitation pay did not come into effect until 1992 and are for those individuals unfit for military duty or fit for military duties with restrictions and can prove loss of civilian income.  Prior to 1992, members were entitled to medical and dental care appropriate for the treatment of the injury until the resulting disability cannot be materially improved by further hospitalization or treatment.  His profile further states he should have been extended on orders because of his injury.  There is no indication that he should have been extended on orders since the treatment was successful and he remained on Profile 1.

The DPMB evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded that the records of his medical condition after the surgery are not part of his military files because they were sent to Civil Service.  He received an "excision of proximal one inch of right clavicle."  The incision healed well but by removing one inch of his clavicle it free floats inside his chest and gives him pain with the slightest movement of his arm.  Therefore, he cannot carry or lift which means he could not perform his duties as an air-evac medic, which required loading and unloading patients.  

In support of his response, he provided a personal statement, a chronology of events, documents extracted from his medical records, documents associated with his Department of Veterans Affairs' (DVA) claim; and excerpts from AFR Regulation 160-43, dated 24 Oct 86 and AFRESI 36-3004, dated 29 Mar 96.  His complete response, with attachments, is at Exhibit E.

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ADDITIONAL AIR FORCE EVALUATION:	

The BCMR Medical Consultant recommends denial.  The Medical Consultant states he twice injured his right sternoclavicular joint requiring surgery.  Except for the submitted SF 2801, Request for Immediate Retirement, Civil Service retirement System, from the summer of 1976, the evidence indicated a satisfactory recovery from the second surgery and continued fitness for military duty.  His shoulder condition did not cause the early termination of his career.  He continued to serve for over three years accumulating sufficient time to qualify for a voluntary length of service requirement.  The Medical Consultant evaluation is at Exhibit F.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Applicant responded that at the time of his injury he had 21 years of service.  He had to be in the Reserves to have his Civil Service job.  The reason he stayed in for three more years was so that the paperwork could be processed for his disability retirement through the flight surgeons office.  In order for him to remain in the Reserves, he had to be taken off Duty Not Including Flying (DNIF) status.  He never flew or got paid flight pay, he was only filling a spot.  His complete response, with attachments, is at Exhibit H.

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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 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 and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling 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.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2004-02711 in Executive Session on 9 Jun 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFRC/DPMB, dated 28 Feb 05.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Mar 05.
    Exhibit E.  Letter, Applicant, dated 15 Mar 05, w/atchs.
    Exhibit F.  Letter, BCMR Medical Consultant, dated 25 Mar 05.
    Exhibit G.  Letter, SAF/MRBC, dated 29 Mar 05.
    Exhibit H.  Letter, Applicant, dated 7 Apr 05, w/atchs.