RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-04782
	COUNSEL:	NONE HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
Both of his Line-of-Duty (LOD) determinations be corrected from “Existed Prior to Service- Not Applicable,” (EPTS-NA) back to “In- the-Line-of-Duty,” (ILOD).

APPLICANT CONTENDS THAT:
The Reserve Wing Appointing Authority approved a finding of ILOD on both LOD determinations, and therefore the Air Force Reserve Command (AFRC) LOD board action to change these decisions should be reversed.

On 6 Nov 10, he reported intense pain in his lower right leg, numbness on his right foot, and muscle cramps, after beginning running during mandatory unit Physical Training (PT). As a result, his first AFRC IMT 348, Informal Line of Duty Determination, with a diagnosis of Right Leg, Compartment Syndrome, was initiated and approved on 6 May 12 by the Reserve Wing Appointing Authority, with a finding of ILOD.

On 13 May 13, another AFRC IMT 348 Informal Line of Duty Determination was initiated with a diagnosis of radiculopathy lumbosacral radiculitis after MRI and x-rays found a pinched sciatic nerve which was causing pain down his right leg and pain in his lower back. Reference is made to the original incident occurring during unit fitness activities in November 2010. Again, the Reserve Wing level Appointing Authority approved a finding of ILOD and then forwarded the AFRC IMT 348 Informal Line of Duty Determination to the AFRC LOD Board.

The first AFRC IMT 348 was reviewed when the second AFRC IMT 348 was received at the AFRC LOD Board. The finding was then changed and approved from ILOD to EPTS-NA.

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

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

STATEMENT OF FACTS:
The applicant was serving as a member of the Air Force Reserve at the time of his request to the AFBCMR.
AFI 36-2910, Line of Duty (Misconduct) Determinations dated 4 Oct
02 was replaced by AFI 36-2910, dated 8 Oct 15, Line of Duty (LOD) Determinations, Medical Continuation (MEDCON) and Incapacitation (INCAP) Pay. The advisory states the applicant could have appealed his LOD findings using the older version of AFI 36-2910. The newer version also includes a provision to appeal formal LOD findings.
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/SGO recommends denial of the applicant’s request finding there is no evidence of an error or injustice. According to AFI 36-2910, Line of Duty (Misconduct) Determinations in place at the time, any LOD for disease requires review and adjudication at the AFRC LOD Board. Thus, approval of the applicant’s first LOD on 6 May 12 at the wing level was inappropriate because the LOD involved a chronic musco-skeletal disease. The applicant’s second LOD was again initiated at the wing level on 10 Mar 13 and appropriately forwarded to the AFRC LOD Board. The AFR/SG then became aware of the 6 May 12 LOD and reopened the case for determination of the AFRC LOD Board. An appropriate finding of EPTS-LOD NA was made for both LODs. A misconduct finding was not made or recommended for the applicant.

The applicant’s diagnosis of Chronic Exercise Induced Compartmented Syndrome is a chronic disorder not caused by a single event. The applicant likely experienced a flair up at the UTA; however, the underlying disorder by evidence and medical principle existed prior to this UTA. Thus, a finding of EPTS-LOD NA is appropriate. By default, the LOD for radiculopathy lumbosacral radiculitis finding was also EPTS-LOD NA because this diagnosis was being connected to the first LOD for Chronic Exercise Induced Compartmented Syndrome.

The applicant could have appealed the AFRC LOD Board decisions under the provisions of AFI 36-2910, dated 4 Oct 02 which was in- place at the time of the LOD determinations.
A complete copy of the ARPC/SGO 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 8 Dec 16 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 with regard to the AFRC LOD Board dated in July 2013, with a finding of EPTS-NA for the diagnosis of radiculopathy with lumbosacral radiculitis. We took notice of the applicant’s complete submission in judging the merits of the case to change the AFRC LOD Board Determination from EPTS-NA to ILOD. In this regard, the applicant has not presented sufficient medical evidence to substantiate and convince the Board that excessive running and physical activity could and did cause his diagnosis of radiculopathy with lumbosacral radiculitis. Therefore, in the absence of evidence to the contrary we find no basis to recommend granting the requested relief to change the LOD determination.

4.	Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error with regard to the AFRC LOD Board’s determination to change the May 2012 LOD from ILOD to EPTS. After a thorough review of the evidence of record and the applicant’s complete submission, we determined that AFRC/SGO’s advisory, on which the LOD Board relied, did not have sufficient evidence to justify overturning the 2012 ILOD decision. In our opinion, merely declaring the 2012 LOD as an EPTS condition using the conclusions reached in the 2013 LOD, with a diagnosis of radiculopathy with lumbosacral radiculitis, is insufficient. The applicant states what he experienced while running at the UTA in November 2010 was a first-time occurrence. Only an exhaustive review of the applicant’s entire medical record would have been sufficient to overturn the prior ILOD determination; in the absence of such evidence, we believe the presumption of regularity compels endorsing the original ILOD determination. Therefore, we recommend the applicant’s records be corrected as indicated below.

5.	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 pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show Item 11: Approving Authority Decision of AFRC Form 348, Informal Line of Duty Determination of “Existed Prior to Service” approved on 25 April 2014  be voided and corrected to “In Line of Duty.”

The following members of the Board considered AFBCMR Docket Number BC-2015-04782 in Executive Session on 16 Feb 17 and 27 Feb 17 under the provisions of AFI 36-2603:

, Panel
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04782 was considered:

Exhibit A.	DD Form 149, dated 6 Nov 15, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFC/SGO, dated 7 Nov 16. Exhibit D.	Letter, SAF/MRBR, dated 8 Dec 16.

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.