RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00758 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

She be entitled to medical continuation on active duty from 
3 Mar 08 – 30 Sep 08. 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

Subsequent to a tour of extended active duty (EAD) in support of 
Operation ENDURING FREEDOM, she started experiencing symptoms 
consistent with Post-Traumatic Stress Disorder (PTSD). However, 
after contacting the military healthcare providers and not 
receiving any care, she took it upon herself to contact the 
local Veterans Affairs (VA) office for assistance and was 
diagnosed with PTSD. The curtailment of her EAD tour was the 
result of her filing a Health Insurance Portability and 
Accountability Act (HIPAA) violation complaint on her supervisor 
and believes this was unprofessional, malicious and done in 
retribution for her filing of the complaint. 

 

She was incorrectly advised by her supervisor that she had to be 
treated by a military treatment facility (MTF). 

 

A Line of Duty (LOD) determination should have been made at the 
time of the incident and the delay has caused undue economic 
hardship. 

 

In support of her appeal, the applicant provides a personal 
statement; copies of her EAD tour orders; LOD determination; a 
copy of the PTSD diagnosis, and other supporting documents. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application, extracted 
from the applicant’s military records, are contained in the 
letter prepared by the appropriate office of the Air Force. 

 


________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

NGB/A1PS recommends denial, stating, in part, after a review of 
the available record, they found no evidence the applicant was 
unable to perform her military duties. 

 

Based on current law and policy, to qualify for return to active 
duty, a member has to be unable to perform their military duties 
as a result of a condition incurred while serving on active duty 
orders. 

 

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 6 May 2011 for review and comment within 30 days. 
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. 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, based on the available evidence of record and 
that provided by the applicant, we do not find the evidence 
sufficient to determine the applicant required medical 
continuation. In addition, while we note the applicant’s stated 
request, we do not find any evidence to substantiate that the 
applicant’s tour in support of the noted contingencies was 
curtailed as a result of her submission of a HIPAA violation or 
that she was entitled to remain on extended active duty orders 
until 30 September 2008. In view of the above 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 the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2011-00758 in Executive Session on 22 September 2011, 
under the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 29 Feb 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, NGB/A1PS, dated 20 Apr 11, w/atchs. 

 Exhibit D. Letter, SAF/MRBR, dated 6 May 11. 

 

 

 

 

 Panel Chair