RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03758 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He receive back-pay, points, medical benefits and all entitlements for the periods 20 June 2008 through 27 July 2008, and 1 April 2009 through 21 August 2009, based on medical documentation of his injury. ________________________________________________________________ APPLICANT CONTENDS THAT: Over the last two to three years he has been through, and is still experiencing, an unacceptable situation concerning his medical issues and military pay in the Air Force Reserves. 1. In 2007 he was placed on active duty and sent to Sheppard Air Force Base (AFB), TX for technical training where he initially incurred an injury while performing physical training. He went to sick call and was diagnosed with a pinched sciatic nerve. His treatment was a light duty profile for two weeks and Ibuprofen 800 mg, three times a day. After three weeks, at his follow up appoint, he explained to the physician that he was still in a great amount of pain. The physician put him on profile for two more weeks with the same treatment and included ice packs and heat. His Reserve medical unit initiated a Line of Duty (LOD) injury report but the report was never completed. At that time, he was unaware that there were follow up procedures to resolve medical issues before his release from active duty. He remained in pain but continued to perform his unit training duties as required. 2. In January 2008, he was placed on active duty orders and deployed to Iraq for five months. In February 2008, he aggravated his injury and went to the medical clinic because of the pain he was experiencing in his lower back and right hip. The physician prescribed 800 mg of Ibuprofen and put him on a profile. He was advised to see his Primary Care Physician (PCM) upon his return from deployment. Upon completion of the deployment, he returned back to his unit still in pain. While on military leave, he had his post deployment physical and reported all of his medical issues to the physician. They scheduled him for x-rays of his back and hip. 3. Subsequent to the x-rays, he was diagnosed with osteoarthritis of the back and hip. His leave orders expired and he was not eligible to see a physician. After one month of trying to get an LOD initiated to be placed on medical orders for treatment, his unit put him on regular man-day orders. His PCM prescribed physical therapy for his back and hip. His back still hurt even after completion of the physical therapy. The man-day orders ended and his treatment came to a halt. He had no income coming in for at least five months and could not return to his civilian job because of the heavy lifting he was required to do as a sheet metal mechanic for F-15 jets. 4. His LOD was not completed until July 2009, a year after his deployment. He was then placed on medical orders in August 2009, and his treatments started again. An MRI revealed that he had two herniated discs in his lower back, L4 and L5, at S1 in which the bulging discs were pressing on his sciatic nerve. Two epidural injections and three nerve root blocks did not help his pain. He had surgery and was out for five months. He is still being treated with different injections for the arthritis in his hip and the pain in his lower back. This ordeal has caused hardship on his marriage and finances. He hopes to find favor and be granted back pay, points, and all other entitlements for his missed military active duty time. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: 1. The applicant is currently serving in the Air Force Reserves, in the grade of Technical Sergeant (TSgt) E-6. According to copies of documents extracted from the Automated Records Management System (ARMS), the applicant was on active duty orders for the periods of 28 January 2008 through 19 June 2008, 28 July 2008 through 31 March 2009, and 22 August 2009 through 17 December 2010. 2. On 24 June 2008 an informal Line of Duty determination was initiated by the applicant’s unit. The AFRC IMT 348, Informal Line of Duty Determination, indicated that the initial date and time of treatment was 27 February 2007, when the applicant was treated at Sheppard AFB TX, for sciatica, acute back strain with sciatica and other and unspecified disorders of his back. The recommended finding was “In Line of Duty (ILOD)” and reflected that the applicant injured his back during the time he was deployed from 8 January 2008 through 29 June 2008. The recommended finding was approved by the appointing authority and forwarded to the AFRC LOD Board. Subsequent to the coordination process through AFRC medical and legal reviews, whom non- concurred with the appointing authority’s finding and recommended a new finding of Existed Prior to Service (EPTS) – Service Aggravated, the approving authority’s decision was EPTS- Service Aggravated. 3. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: 1. AFMOA/SGHI recommends denial. SGHI states there is not enough evidence to show the applicant was unable to accomplish his military duties, between the timeframe of 20 June 2008 through 27 July 2008 to retain him on active duty orders. 2. A review of the Command Man-Day Allocation System (CMAS), reflects the applicant was placed on several active duty tours, between the dates of 1 Oct 2008 through 21 Aug 2009. CMAS also shows the applicant was placed on Medical Continuation (MEDCON), Title 10, 12301 (h) orders from 22 Aug 2009 through 10 Jul 2010. An initial request for MEDCON was placed 31 Mar 2009 but it was declined four times by HQ AFRC/SGPA, for lack of documentation, until 2 September 2009 when it was allocated. Based on the applicant’s periods of active duty service, he was able to perform his military duty. 3. The applicant was eligible for care, after his deployment, through the Transitional Assistance Management Program (TAMP) which provides 180 days of transitional health care benefits after regular TRICARE benefits ends. Additionally, the applicant was on MEDCON orders for the duration of his surgery and recovery. SGHI further states they cannot determine the timeframe when the applicant was without orders for 5 months. If the documentation provided and orders in CMAS are accurate, the total time for the applicant’s breaks in service is 55 days. The complete AFMOA/SGHI evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 1 March 2013 for review and comment within 30 days (Exhibit D). To date, a response has not been received. ________________________________________________________________ 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, 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 that the applicant has not been the victim of an error or injustice. The applicant did not provide evidence to overcome the presumption of fitness for duty in spite of the persistent nature of his complaints. The Board further notes that the applicant was placed on several Active Duty for Operational Support (ADOS) tours between 1 October 2008 through 21 August 2009 and was eligible to receive medical treatment during this time. Additionally, the applicant was eligible for medical care, after his deployment, through the Transitional Assistance Management Program (TAMP) which provides 180 days of transitional health care benefits. Therefore, 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-2012-03758 in Executive Session on 29 May 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in AFBCMR Docket Number BC-2012-03758: Exhibit A. DD Form 149, dated 20 August 2012, w/atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, AFMOA/SGHI, dated 25 February 2013. Exhibit D. Letter, SAF/MRBR, dated 1 March 2013. AFBCMR 1500 West Perimeter Road, Suite 3700 Joint Base Andrews NAF Washington, MD 20762 Dear: Reference your application submitted under the provisions of AFI 36-2603 (Section 1552, 10 USC), AFBCMR Docket Number BC-2012-03758. After careful consideration of your application and military records, the Board determined that the evidence you presented did not demonstrate the existence of material error or injustice. Accordingly, the Board denied your application. You have the right to submit newly discovered relevant evidence for consideration by the Board. In the absence of such additional evidence, a further review of your application is not possible. Attachment: Record of Board Proceedings 5