RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00593 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

His medical condition (Essential Tremor) be found to be in the 
Line of Duty (INLOD) and/or service-connected. 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

The applicant contends that his condition worsened after he was 
injured, while serving on an extended active duty (EAD) tour 
from 2 – 19 Mar 08. The applicant was severely attacked, choked 
until he was unconscious, and struck several times in the head 
and body. Prior to this, the applicant was diagnosed, in 2002, 
with Essential Tremors. Upon returning to his unit, a Line of 
Duty Determination (LOD) was implemented, and he was released 
and returned to his civilian employment. 

 

Subsequent to the attack, his tremors became worse and he 
elected to have a Neurostimulator implanted to help with his 
condition. On 14 Dec 10, he was notified that he was 
disqualified for worldwide duty. 

 

In support of his appeal, the applicant provides a personal 
statement; copies of letters from the attending physicians; his 
LOD, dated 26 Mar 08; AF Form 469, Duty Limiting Condition 
Report, dated 26 Mar 08, his EAD orders, and other supporting 
documents. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Based on the available record, the applicant was on extended 
active duty (EAD) for the period 2 – 19 Mar 08. While at his 
TDY location, he was attacked and received injuries, to include 
rib contusion, concussion and subconjunctival hemorrhage to both 
eyes, which were deemed “INLOD.” 

 


Subsequent to his tour on EAD, he required an implant of a 
Neurostimulator to control his condition. The applicant’s unit 
conducted a World Wide Duty Evaluation (WWDE) and he was 
disqualified from WWD, due to the implant of the 
Neurostimulator. 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

NGB/AIPS concurs with the NGB Subject Matter Expert (SME) 
advisory that the initial LOD and MEB were done in accordance 
with current guidance, however, once additional medical 
documentation was received a new LOD should have been initiated, 
which would have in turn required a follow-on MEB review to 
determine whether the member could be returned to duty. Until 
the second MEB is accomplished, the applicant’s disqualifying 
condition for World Wide Duty remains in effect in accordance 
with (IAW) AFI48-123, Medical Examinations and Standards, 
paragraphs 13.2.3 and 13.2.10. The SME has completed a thorough 
review of this BCMR and has provided additional information to 
help the board make a determination. 

 

The complete NGB/A1PS evaluation, with attachments, is at 
Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 8 Apr 11 and 5 Dec 11 for review and comment. As 
of this date, no response has been received by this office 
(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. Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice warranting 
corrective action. The available evidence of record reflects 
the applicant’s condition and the subsequent implant of the 
Neurostimulator disqualified him for WWD. Nonetheless, it 
appears that a LOD and possible referral through the Disability 
Evaluation System should have been accomplished rather than a 
WWDE. We note the comments of the NGB OPR and agree with their 
recommendation that a follow-on medical evaluation should be 


accomplished. Therefore, we recommend a second MEB be conducted 
to determine the applicant’s fitness for duty and that his 
record be corrected to the extent indicated below. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that an Air 
Force IMT 348, Line of Duty Determination, be completed 
reflecting that the applicant’s medical condition, which existed 
prior to service was deemed “Existed Prior to Service with 
Service Aggravation,” with referral to a Medical Evaluation 
Board. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-00593 in Executive Session on 13 December 2011, 
under the provisions of AFI 36-2603: 

 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 9 Feb 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, NGB/A1PS, dated 18 Mar 11, w/atch. 

 Exhibit D. Letter, SAF/MRBR, dated 8 Apr 11. 

 

 

 

 

 Panel Chair