RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-00702

  XXXXXXXXXX					COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

The Line of Duty (LOD) finding for her shoulder injury be changed from Existed Prior to Service - Service Aggravated (EPTS-SA) to in the LOD (ILOD).

APPLICANT CONTENDS THAT:

She did not have a pre-existing condition.  Her injury was sustained while in military status.  She had no history of a shoulder injury.  However, the applicant believes her medical records were incorrectly labeled which led to a belief that her injury was pre-existing.

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

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in the grade of technical sergeant (E-6).

On 22 October 2010, the applicant entered a period of Active Duty.

According to the applicant’s SF 600, Chronological Record of Medical Care, on 21 December 2010, she was seen for a left shoulder pain injury.  The SF Form 600 also stats the applicant’s injury may have been aggravated when “doing engine change several weeks ago.”

On 20 January 2011, the applicant was released from active duty.  The narrative reason for separation is “Completion of Required Active Service.”  She was credited with 2 months and 29 days of active duty.

According to AFI 36-2910, Line of Duty (Misconduct) Determination, dated 4 October 2002, incorporating through Change 2, 5 April 2010, an LOD determination is a finding made after an investigation into the circumstances of a member’s illness, injury, disease or death. One of the following four findings will be applied to the member’s illness, injury, disease or death:

In Line of Duty.  The illness, injury, disease or death did not occur while the member was absent without authority and was not due to the member’s own misconduct. For ARC members, the illness, injury, disease or its aggravation, or death occurred while the member was in a duty or direct travel status, and was not due to the member’s own misconduct.

Existed Prior to Service, EPTS, LOD Not Applicable.  A medical diagnosis determined that the death, illness, injury or disease, or the underlying condition causing it, existed before the member’s entry into military service or between periods of service and was not aggravated by service. Further LOD determination is not required.

Not in Line of Duty, Not Due to Own Misconduct.  A formal investigation determined that the member’s illness, injury, disease, or death occurred while the member was absent from duty.

Not in Line of Duty, Due to Own Misconduct.  A formal investigation determined that the member’s illness, injury, disease, or death was proximately caused by the member’s own misconduct. If the member’s illness, injury, disease, or death occurred both while the member was absent from duty and was proximately caused by the member’s own misconduct, the case should be finalized as Not in Line of Duty, Due to Own Misconduct.

AFI 36-2910 further states that EPTS is a term added to a medical diagnosis where there is clear evidence that an illness, injury, or disease, the underlying condition causing it, existed before the member’s entry into military service, and was not aggravated by service.  If the determination is the medical condition existed prior to service, then the military medical officer must determine whether the condition has been aggravated by military service.  If the condition has been aggravated by military service, an AF Form 348 must be initiated.

According to the applicant’s AFRC IMT 348, Informal Line of Duty Determination, dated 31 March 2014, her shoulder impingement syndrome was found to have EPTS-SA.

According to AFI 36-2910, dated 8 October 2015, one of three determinations will be applied to a member’s illness, injury, or death; (1) ILOD, (2) NILOD-Not Due to Member’s Misconduct and (3) NILOD-Due to Member’s Misconduct.

AIR FORCE EVALUATION:

AFRC/SG recommends denial indicating there is no evidence of an error or an injustice.  The applicant deployed to Incirlik, Turkey in October 2010 and on 21 December 2010, she reported her first complaint of symptoms associated with a chronic degenerative condition (Stenosis).  Stenosis is a long developing condition that would not have originated in a two month period.  In accordance with AFI 36-2910, an LOD finding is based on when a condition was incurred not when symptoms manifested.  AFI 36-2910, also states that the finding of EPTS is based on the period of service during which the conditions manifested - not initial entry into the service.  Therefore, the stenosis was present prior to the period of active duty service starting 22 October 2010, although at the time undiagnosed and likely unknown to the applicant, EPTS was the most prudent finding in accordance with AFI 36-2910.  The noted nerve impingement was sufficient evidence for a service aggravation finding defined in AFI 36-2910 as the permanent worsening of a pre-service condition beyond its natural progression as a result of military duty.

Continued evaluation and treatment over the course of the next two years revealed C3-4 Stenos with mild cord impingement.  The LOD was initiated on 26 October 2011 and finalized with the findings of EPTS-SA on 31 March 2014.  In accordance with AFI 36-2910, in effect during the period in question, EPTS-SA was the most appropriate finding.  The October 2015 rewrite of AFI 36-2910 has eliminated the finding of EPTS-SA all together.  While the concept and consideration of EPTS and service aggravation are still required, if applicable to a case the default finding will be ILOD. 

A complete copy of the AFRC/SG evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 11 February 2016, a copy of the Air Force evaluation was forwarded to the applicant 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.  AFRC/SG asserts that relief should be denied because the EPTS-SA finding was the most appropriate finding at the time; however, we disagree.  In this respect, we note that although AFRC/SG proclaims that the revised governing regulation eliminated the EPTS-SA finding and replaced it with the finding of ILOD, the governing regulation did not include EPTS-SA as a finding.  During the period in question, only one of four determinations could be applied to a member’s illness, injury, or death; (1) ILOD, (2) EPTS, LOD Not Applicable (3) Not In LOD (NILOD-Not Due to Own Misconduct and (4) NILOD-Due to Own Misconduct.  Therefore, it is our opinion that the most appropriate finding in the applicant’s case, relevant to the type of determination, should have been ILOD.  Accordingly, we recommend the applicant’s records be corrected as set forth below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that her shoulder injury as shown on AFRC IMT 348, Informal Line of Duty Determination, Block 9B, dated 31 March 2014, was found “In Line of Duty” rather than “EPTS-Service Aggravated."

The following members of the Board considered AFBCMR Docket Number BC-2015-00702 in Executive Session on 22 March 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

All members voted to correct the record as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00702 was considered:

Exhibit A.  DD Form 149, dated 4 February 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFRC/SG, dated 11 January 2016.
Exhibit D.  Letter, AFBCMR, dated 11 February 2016.