RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03240 INDEX CODE: 128.00 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: His records be corrected to show he was entitled to incapacitation (INCAP) pay and/or he be extended on active duty beyond 7 Jun 04 due to his being on a medical profile. ________________________________________________________________ _ APPLICANT CONTENDS THAT: His unit manager disregarded everything he gave her. He was supposed to be on active duty until his medical condition was finalized. In support of his request, the applicant provided statements in his own behalf, copies of congressional responses, Department of Veterans Affairs correspondence, medical documentation, and character letters. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant is currently on the Retired Reserve List in the grade of staff sergeant. Records indicate that the applicant was TDY to Lackland AFB attending a school between 21 Aug 03 to 5 Oct 03 when, on 22 Sep 03, he slipped on a sidewalk and suffered an injury to his back. He was treated at the Base Minor Care Clinic and released. There is no evidence from the record or otherwise that indicates he required further treatment for this injury after returning to his unit upon completing his school. On 23 Nov 03, he experienced the onset of hematuria (presence of blood in the urine, associated in this case, with a fossa navicularis stricture) while on Inactive Duty for Training (IDT) status at Travis AFB, CA. In Feb 04, the applicant requested treatment for the back injury he received while at Lackland AFB, five months before, along with incapacitation pay. A Line of Duty (LOD) finding was initiated and was finalized as In the Line of Duty (ILOD) on 10 Jun 04. While he was briefed accordingly on his entitlements and benefits for an ILOD injury and he was notified by mail after 10 Jun 04 that his injury was, in fact, ILOD, he never responded to the notification with an application for Incapacitation Pay. On 28 September 2004, he underwent surgery for the fossa navicularis stricture. On 21 Nov 04, he was transferred to the Reserve Retired List (RRL) just after a convalescent period following his fossa navicularis stricture surgery. As he is no longer a participating Reserve member he therefore is eligible for follow-on treatment at the Veteran’s Administration Center nearest his home of record. However, the record indicates that, although he was transferred to the RRL in Nov 04, he actually performed duty with his home unit during Jan 05. On 8 Jan 05 (after his transfer to the RRL), an LOD was initiated for his fossa navicularis stricture. The record is not clear as to whether or not the ailment was found ILOD but the applicant was briefed on his ILOD entitlements on 6 Feb 05. Other relevant facts are outlined in the HQ AFRC/A1BB and SGP opinions at Exhibits C and D respectively. ________________________________________________________________ _ AIR FORCE EVALUATION: AFRC/SGP states that the final determination of the applicant’s LOD was unclear as only page one of the AF Form 348 was provided. The applicant was briefed and signed his understanding of his LOD entitlement on 6 Feb 05. In accordance with DoDI 1241.2, Reserve Component Incapacitation System Management, Reserve members on orders for 31 days or more who incur or aggravate an injury or illness in the line of duty shall be continued on active duty until determined fit. Documents provided do not indicate that the applicant was at any point unfit for military duties or placed on a “4T” profile and he therefore, would not have been entitled to continued active duty orders. The applicant’s entitlements appear to have been severely hampered due to the fact that the LOD for his injuries, for which surgical correction was required, was not initiated until after the applicant had been assigned to the Inactive Ready Reserve (IRR) two months after his surgery. The LOD that was completed on 10 Jun 04 appears to have been for a back injury secondary to falling on an uneven pavement while TDY to Lackland AFB. An LOD for the fall was not started until 8 Jan 05, for which the final determination is unclear from the provided documents. The complete AFRC/SGP opinion, with attachments, is at Exhibit B. HQ AFRC/A1BB recommends denial of the applicant’s request for continuation of orders. The applicant provides no evidence he was ever diagnosed as “unable to perform military duties” as a result of an ILOD injury that would have provided that entitlement or an entitlement to INCAP pay. Further, A1BB states the applicant’s claim for INCAP pay cannot be substantiated as his only request appears to have been filled out by his doctor and did not have supporting command recommendations. The complete HQ AFRC/A1BB opinion is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 11 Apr 08 for review and comment within 30 days (Exhibit D). As of this date, this office has not received a 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 error or injustice. After a thorough review of the evidence of record and applicant's submission, we do not find his uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force Reserve. Therefore, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or injustice. Should he provide substantive evidence that he was entitled to either INCAP pay or to have his active duty orders continued while undergoing care for a medical condition found in the line of duty, we would reconsider his request. Therefore, in the absence of persuasive 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. ________________________________________________________________ _ 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 Docket Number BC- 2007-03240 in Executive Session on 17 July 2008, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, w/atchs, dated 23 Jul 06. Exhibit B. Memorandum, HQ ARPC/SGP, w/atchs, dated 19 Nov 07. Exhibit C. Memorandum, HQ AFRC/A1BB, dated 1 Apr 08. Exhibit D. Letter, SAF/MRBR, dated 11 Apr 08.