RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-01870 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
Her Informal Line of Duty Determination (AFRC IMT 348) be changed from Existed Prior to Service (EPTS)-LOD Not Applicable to In Line of Duty.

APPLICANT CONTENDS THAT:
Her LOD determination is based on incorrect dates of active duty and during her appeal she stated the correct dates along with her DD Form 214, Certificate of Release or Discharge from Active Duty from the period of 1 Oct 08 through 29 Nov 10.

These dates were never corrected in her LOD determination. Her injury was not pre-existing but occurred while she was in an active duty status.

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).

According to the DD Form 214, found in the applicant’s official military personnel record, she was on active duty service from
10 May 14 through 29 Mar 15.
According to the, AFRC IMT 348, Informal Line of Duty Determination, dated 2 May 12, submitted by the applicant, her back injury was considered to be pre-existing and since the injury was documented in her medical records and the original injury existed prior to service, a formal LOD was not required. Her Informal LOD determination was EPTS-LOD Not Applicable.

According to the DD Form 214, found in the applicant’s official military personnel record, she was on active duty service from
1 Oct 08 through 29 Nov 10.

According to the DD Form 214, found in the applicant’s official military personnel record, she was on active duty service from
17 Mar 08 through 12 Sep 08.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

AIR FORCE EVALUATION:
AFRC/SG recommends denial indicating there is no evidence of an error or an injustice. A review of the documentation provided reveals that the applicant was seen for back pain in 2009. History in those same notes reveals she had a history of chronic back pain for several prior to this presentation. The reason that this condition was not found in line of duty was because it was determined to be an exacerbation of a prior injury. For this to be ruled as service aggravation there would have to be evidence that the condition was permanently worsened beyond the natural progression of the disease.

This office cannot recommend relief in this case as the documentation does not support such findings. The applicant was treated for acute conditions at the time, and released. The Department of Veteran Affairs (DVA) can service connect without the need for a line of duty finding.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In further support of her requests, the applicant states she filed an appeal because it was not clear to her why her Line of Duty (LOD) determination was considered to be pre-existing. In return, she received a letter from AFRC/SG indicating that in 2009 a doctor wrote notes in her medical records that her chronic back pain had been present for several years prior.

The applicant claims she informed her doctor that she started having back pain prior to her motorcycle accident in December 2008 and her condition has become worse after the accident.

Notes annotated by the doctor in her medical records were not what she disclosed of her medical history. She feels the doctor speculated as to how long this injury had been going on.

A complete copy of the applicant’s response, with attachments is at Exhibit E.

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 an 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. The Board notes that in order for the Line of Duty (LOD) determination to be ruled as service aggravation, there would have to be evidence that the condition was permanently worsened beyond the natural progression of the disease. The condition was not found to be in the line of duty was because it was an exacerbation of a prior injury. Therefore, in the absence of persuasive evidence to the contrary, we find no basis to recommend granting the requested relief.

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-2015-01870	in	Executive	Session	on	27	Oct	15	and
16 Nov 15, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01870 was considered:

Exhibit A.	DD Form 149, dated 17 Apr 15, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFRC/SG, dated 10 Jun 15. Exhibit D.	Letter, SAF/MRBR, dated 29 Sep 15.
Exhibit E.	Applicant Rebuttal, dated 28 Oct 15.