RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00063 INDEX CODE: 135.02 XXXXXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His active duty order, Reserve Order D-14019, dated 29 July 2004, be extended to 26 August 2009. In addition his pay and points be adjusted accordingly to reflect the extension. _________________________________________________________________ APPLICANT CONTENDS THAT: He was involuntarily released from his orders when it was later discovered he had a medical condition which was subsequently found to be in the line of duty (ILOD). In support of his appeal, the applicant provides a personal statement, and copies of Reserve Order D-14019, a heart consultant’s diagnosis, Post Deployment Health Assessment, active duty orders, Line Of Duty (LOD) determination, Medical Evaluation Board (MEB) orders, electronic communications, and several tax returns. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently a member of the Air Force Reserve serving in the grade of master sergeant (E-7). His Point Service History, which closed-out on 5 December 2009, reflects 27 years of satisfactory Federal service. He has a projected date of separation of 30 December 2012. The remaining relevant facts extracted from the applicant service records are contained in the evaluation by the Air Force office of primary responsibility at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFRC/SGP recommends denial. SGP indicates the applicant performed several tours of active duty during the period 21 September 2001 through 22 December 2006. During one of his breaks from active duty orders on 1 May 2004, the applicant developed chest pains associated with acid reflux during a flying exam and was taken to the emergency room. In accordance with Air Force Instruction (AFI) 36-2910, Line of Duty (Misconduct) Determination, an LOD determination was initiated on 6 June 2004 and finalized with a finding of ILOD on 31 June 2004. The applicant returned to active duty orders from 12 July 2004 to 13 August 2004. During this period he was referred for a cardiology work-up. This work-up revealed elevated cholesterol and blood pressure, which indicated the need for medical management, but otherwise was unremarkable for any heart disease or condition that, would warrant medical continuation orders or evaluation through the Disability Evaluation System (DES). The evaluation did not reveal a definite diagnosis which warranted an LOD determination; therefore, the applicant was released from active duty orders as fit for duty. An Air Force Form 422, Physical Profile Serial Report, dated 12 September 2004 and ending 12 December 2004, placed the applicant on a temporary “P- 4T” profile, indicating he may have been unfit for military duty during this period. No further records are provided until the 9 March 2006 cardiology work-up that revealed Coronary Artery Disease with moderate left anterior descending stenosis in the right coronary artery and a high grade stenosis of 2.5 millimeter ramus intermedius with normal left ventricle systolic function. There is no evidence that any profile action was taken at this time, and a review of his service history shows he continued to perform military duty. No further processing occurred until March 2008, when the supporting Reserve medical unit submitted a non-duty related fitness for duty package to AFRC/SGP for consideration. Noting that a potential service connection existed, the case file was returned without action for LOD determination processing. An LOD determination was initiated on 29 October 2008 for Coronary Artery Disease and was finalized with a finding of ILOD on 3 June 2009. The applicant was subsequently placed on orders funded by his unit starting 26 August 2009. SGP states the evidence provided and the fact the applicant continued to perform military duties during much of the time interval suggests a fitness for duty and disputes an entitlement for medical continuation pay for the entire period claimed. The complete SGP evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: While it is correct that he did continue to participate, he was not participating in his primary duty, flying as an Airborne Radar Technician. He was removed from the supervisory position of flight superintendent due to his ongoing medical issues and disqualification. In fact, most of the periods he served over the past five years have been directed towards trying to resolve his medical issue in order to either be disqualified medically or to be returned to flying status. Since his unit did not place him on a profile, he had to continue to participate in accordance with AFRC Instruction 36-3004. His case has been mishandled at a great cost to him for having to fight to stay in the Reserve to be properly evaluated; out-of- pocket expenses to pay for cardiologist consultations and testing; his removal from a supervisory position and the loss of promotion potential; and added stress which has contributed to the dissolution of his marriage, loss of civilian employment, and additional health concerns. An injustice was created from his unit’s failure to follow procedures outlined in the regulations. An LOD was not generated for five years after the cardiac disease was discovered. Without the LOD, medical orders were not issued in order for him to be evaluated through the DES. The applicant’s rebuttal, with attachments, is at 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 an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. We note the applicant’s contention that his unit’s failure to follow procedures as outlined in the regulations created an injustice; and that he should have been on continuation orders for the entire period requested; however, we find the medical evidence provided insufficient to make such a determination. Therefore, based on the foregoing and 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 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-2010-00063 in Executive Session on 2 November 2010, under the provisions of AFI 36-2603: XXXXXXXXXXXXXXXXXXXXX, Panel Chair XXXXXXXXXXXXXXXXXXXXX, Member XXXXXXXXXXXXXXXXXXXXX, Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2010-00063: Exhibit A. DD Form 149, dated 30 Dec 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFRC/SGP, dated 11 Mar 10. Exhibit D. Letter, SAF/MRBR, dated 14 May 10. Exhibit E. Letter, Applicant, not dated. XXXXXXXXXXXXXXXXXX Panel Chair