RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-05078 XXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The back injury he incurred on 5 December 2010, be found in the Line of Duty (LOD). APPLICANT CONTENDS THAT: He injured his back while performing military duty (Title 32); however, a LOD determination was never initiated. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to the applicant’s NGB Form 22, Report of Separation and Record of Service, on 2 April 1999, he enlisted in the Air National Guard (ANG). In a memorandum dated 2 December 2013, a medical liaison officer indicated the applicant was incorrectly allowed to perform a fitness assessment on 5 December 2010, resulting in an injury. In a letter dated 3 December 2010, a request was made to excuse the applicant from any requirements to run or do sit-ups until an evaluation for lower back problems were adequately diagnosed and treated. The applicant’s AF Form 469, Duty Limiting Condition Report, dated 8 December 2013, indicates he had a non-duty physical disqualification that required processing through the non-duty disability evaluation system. In a memorandum dated 7 January 2014, NGB/A1PS informed the applicant that the Informal Physical Evaluation Board (IPEB) found him unfit for continued military service. On 10 March 2014, the applicant indicated that he did not desire to have his case referred to the Formal PEB. According to the applicant's NGB Form 22, on 9 March 2014, he was discharged from the ANG for “Physical Disqualification” and was credited with 24 years, 9 months and 8 days total service for retired pay. Reserve Order EK-2337 dated 20 February 2014, relieved the applicant from his assignment and assigned him to the Retired Reserve List effective 10 March 2014. The applicant was eligible for retired pay under the provisions of Title 10, United States Code, section 12731, Age and service requirements, except for attainment of age 60. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C. AIR FORCE EVALUATION: NGB/SGP recommends approval. On 3 December 2010, the applicant visited his civilian doctor for complaints of back pain. The doctor documented the applicant should not run or do sit-ups. On 5 December 2010, the applicant was scheduled to perform a fitness assessment consisting of running, sit-ups and push-ups. The applicant disclosed an injury on his pre-screen medical assessment. In accordance with AFI 36-2905, Fitness Program, a medical provider is required to evaluate any medical issues annotated on the pre-screen medical assessment to determine any restrictions. The memoranda submitted acknowledged the fact the pre-screen assessment form was not reviewed properly, which led to an aggravation of the applicant’s preexisting medical condition. In accordance with AFI 36-2910, Line of Duty (Misconduct) Determination, an LOD determination must be initiated when a member incurs or aggravates an injury, illness or disease while serving in any duty status. The fitness assessment was determined invalid. On 7 January 2014, the IPEB found the applicant unfit for continued military service. On 27 January 2014, the applicant was terminated from his federal technician position and received a federal technician disability retirement. Should the Board grant the applicant’s request; the record should be corrected as follows: the guard medical unit will need to complete a line of duty determination. A complete copy of the NGB/SGP 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 31 March 2016, for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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 an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case and agree with the Air Force OPR that the applicant has been the victim of an error or injustice. We also note the OPR recommends the applicant’s medical unit complete a line of duty determination. However, in the interest of administrative economy and fairness to the applicant, we recommend his records be corrected as 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 on 5 December 2010, competent authority determined his back injury was incurred in the line of duty. The following members of the Board considered AFBCMR Docket Number BC-2014-05078 in Executive Session on 12 May 2016, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. Due to the unavailability of--------, ------- will sign as Acting Panel Chair. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-05078 was considered: Exhibit A. DD Form 149, dated 1 September 2016, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, NGB/SGP, dated 13 January 2016. Exhibit D. Letter, AFBCMR, dated 31 March 2016. 1 2