RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04679

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

The 8 Sep 14, “Not In Line of Duty” determination for her Endometriosis diagnosis, be re-evaluated, and her records meet a Medical Evaluation Board (MEB).

APPLICANT CONTENDS THAT:

She was under duress and forced to resign her AGR position in order to have surgery.  Her medical records had minor discrepancies as to the date of onset of her disease.  She did not have a previous history of Endometriosis.

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

STATEMENT OF FACTS:

The applicant initially entered the Air National Guard on 6 Dec 08.

On 10 Aug 14, a unit medical consultant, reviewed the applicant’s available medical records, and determined she had been diagnosed with two medical conditions (Endometriosis, and Pelvic Pain) that existed prior to her current term of active duty service which began in June 2010.  

On 14 Aug 14, the applicant’s commander advised her of his intent to involuntarily curtail her current AGB orders and return her to part-time military status for failing to comply with AFI 48-123, Medical Examinations and Standards, and ANGI 36-101, Air National Guard Active Guard Reserve (AGR) Program, failing to disclose medical conditions or symptoms (Endometriosis) that would disqualify her from an AGR tour.  

On 20 Aug 14, in a memorandum to the commander, the applicant alleged the information (diagnosed with Endometriosis at age 16, and began treatments in 2009) presented by the commander was inaccurate.  She contended she was not diagnosed with Endometriosis until 16 Sep 11.  

On 8 Sep 14, AF IMT 348, Line of Duty Determination, was issued revealing the applicant’s medical condition “Endometriosis,” as “ARC ONLY – Existed Prior to Service (EPTS) –Line of Duty (LOD) not applicable. 

On 9 Sep 14, the applicant received a Disability Evaluation System (DES) counseling, advising her of her right to appeal the 8 Sep 14 LOD Determination.  She responded, indicating she did not desire to enter into the Non-Duty DES solely for a fitness determination, and that she understood she would be involuntarily separated for physical disqualification.  

On 5 Dec 14, the applicant was furnished an honorable discharge, and was credited with six years of total service for pay.  

On 21 Aug 15, the NJANG advised the applicant that in light of her voluntary curtailment of AGR tour, leading to an Expiration of Term of Service (ETS) on 5 Dec 14, they could not provide a reconsideration of her LOD determination, and recommended she pursue her requested relief through the AFBCMR.   

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:

NGB/SG recommends denial indicating there is no evidence of an error or an injustice.  In accordance with (IAW) AFI 36-2910 (4 Oct 02, at the time of the applicant’s diagnosis), Line Of Duty (LOD), Determination, Medical Continuation (MEDCON), and Incapacitation (INCAP) Pay, a LOD determination is based upon the onset of the disease, illness or injury process, not the existence of symptoms.  Existed Prior to Service (EPTS) conditions include chronic disease, illnesses and injury with an incubation period that would rule out a finding that they were incurred during periods of active duty (AD), active duty for training (ADT), or inactive duty for training (IDT).  After review of the entire 544 pages of materials submitted by the applicant for review, her AGR orders started 1 Oct 11, after the diagnosis of Endometriosis, and no orders covering the time of diagnosis were available for review. According to AFI 36-2910, a service member must be in a duty status for a LOD determination to occur.  Based on the evidence made available for review, the lack proof of duty status at the time of the illness beginning and diagnosis, they recommend the “Not In Line of Duty” determination be upheld.  

A complete copy of the NGB/SG 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 10 May 17 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.  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.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS 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-2015-04679 in Executive Session on 22 Jun 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04679 was considered:

	Exhibit A.  DD Form 149, dated 26 Oct 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/SG, dated 24 May 16.
	Exhibit D.  Letter, SAF/MRBR, dated 10 May 17.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.