RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03953 INDEX CODE: 108.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her records be corrected to show she was continued on active duty from 1 June 2005 to 16 February 2007. _________________________________________________________________ APPLICANT CONTENDS THAT: Her LOD injury required surgery but she was removed from active duty prior to surgery. She was still undergoing treatment for her injury when she underwent back surgery and additional surgery required after suffering a heart attack. She was returned to active duty on the date of her heart attack – 17 February 2007. She submitted a complaint to her congressman but it wasn’t until she was called on 29 October 2008 by the Pentagon that she realized she did not have the correct paperwork (DD Form 149) to fill out. In support of her appeal, the applicant provides a copy of the Office of Legislative Liaison response to her congressman dated July 30, 2007. Applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: Applicant began her military career on 24 February 1984 and has been progressively promoted to the grade of master sergeant (MSgt – E7). During February 2005, while on active duty orders in support of Operation ENDURING FREEDOM, she sustained an injury considered in the line of duty (ILOD). She was treated for her injury and, based on the medical assessment of her physician and governing policy at the time, she was deactivated. However, as was her entitlement, she applied for and received incapacitation (INCAP) pay for a portion of lost civilian wages due to her injury from 27 June 2005 to 30 September 2005. She was on a limited duty profile from on or about 29 October 2005 through 29 January 2006 and the record shows she participated in her unit duties earning pay and points for Inactive Duty for Training (IDT) and active duty days during the period from 1 October 2005 through 23 April 2006. On or about 13 June 2006, she was placed on a P3 profile with a participation waiver (allowed her to participate on a limited basis), that expired on 13 September 2006; however, she did not participate during that time. She requested INCAP pay for the period 30 October 2006 to 30 March 2007 that was approved but pay records indicate she was only paid from 1 January 2007 through 28 February 2007. With regard to continuation orders, she was considered fit for duty (albeit limited) and she did participate during the first year of the time frame she requests continuation orders. Being fit and returning to duty entitled her to INCAP pay for those periods she could show lost or diminished civilian pay due to her injury. In March 2007, she was voluntarily returned to EAD to satisfy pay and allowance entitlements, medical evaluation and treatment, and processing, as necessary through the disability evaluation system (DES). She is currently on EAD and has been since March 2007. As of 23 February 2008, she has 23 years of satisfactory service for a Reserve retirement and Reserve retired pay at age 60. _________________________________________________________________ AIR FORCE EVALUATION: AFRC/A1B recommends denial. A1B states the applicant was not eligible for continuation orders during the time frame she has requested. In fact, she was considered fit for duty and participated or received INCAP pay during the time period sought. A1B’s complete evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: While the applicant mostly reiterates the physical ailments noted in her application, she does explain the UTAs she attended. The flight surgeon she had to see at the unit only participated on UTA weekends. Therefore, she was scheduled for UTAs in order to see him. Attending UTAs involved her driving two hours one-way and it took a toll on her health. She notes that her personal care manager (PCM) stated if she kept driving those distances that she would (eventually) be paralyzed for life. She feels she should not have been removed from active duty before all of her medical issues were either fixed or she entered the DES. Applicant’s complete response is at 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, a majority of the Board agrees with the opinion and recommendation of the Air Force office of primary responsibility and adopts its rationale as the basis for their conclusion the applicant has not been the victim of an error or injustice. A majority of the Board is satisfied the disability evaluation system worked as it should have in this case. After being treated for her LOD injury, she was found fit and returned to duty which she performed for a time. She was also afforded incapacitation pay for those periods she was found entitled to it. It appears she experienced additional medical issues after her return to duty but a majority of the Board feels insufficient evidence has been provided indicating the additional issues were in any way related to the initial LOD injury. Therefore, in the absence of evidence to the contrary, a majority of the Board found no basis to recommend granting the relief sought in this application. ______________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied. ______________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2008-03953 in Executive Session on 2 April 2009, and 11 January 2010 under the provisions of AFI 36-2603: By a majority vote, the Board voted to deny the request. XXXXXXXX voted to correct the records but does not wish to submit a minority report. The following documentary evidence with regard to AFBCMR Docket Number BC-2008-03953 was considered: Exhibit A. DD Form 149, dated 29 Oct 08, w/atch. Exhibit B. Letter, AFRC/A1B, dated 20 Feb 09, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 27 Feb 09. Exhibit D. Letter, Congressional, dated 1 Apr 09.