RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02375

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

AF IMT 348, Line of Duty Determination, dated 1 Apr 08, (LOD) be amended to reflect the date he incurred his injury as May through October 2007 rather than November 2007. 

APPLICANT CONTENDS THAT:

His LOD has an incorrect date of injury in Blocks 11 and 14.  According to his deployments orders, he was deployed to Kuwait from 5 May 07 to 13 Oct 07. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air National Guard (ANG) master sergeant.  Per Order Number RH0039, dated 21 Sep 07, the applicant was ordered to active duty to Kuwait in support of Operation ENDURING FREEDOM, from 5 May 07 through 15 Oct 07.  A medical note dated 17 Sep 07, reflects the applicant injured his knee during physical training while deployed.  On 1 Apr 08, a LOD determination was initiated for the applicant’s knee injury.  It was found the applicant’s right knee injury was incurred in the line of duty.  A DD Form 214, Certificate of Release or Discharge from Active Duty, indicates the applicant served on active duty from 5 May 07 thru 15 Oct 07.  On 8 May 12, the applicant was placed on the Reserve Retired List (RRL) to await retired pay at age 60.  A memorandum from the 124 MDG Deployment Health, dated 16 Apr 13, notes the applicant injured his knee during mandatory physical training activity while deployed to Ali Al Salem Air Base in Kuwait, May to September of 2007.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

NGB/SG makes no recommendation.  It is unclear to NGB/SG how changing this date would change the course of treatment or entitlements, and it is not stated why it is important to change the date on the LOD.   The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 10 May 17 for comment (Exhibit D), and the applicant replied on 5 Jun 17.  In his response, the applicant contends the date he incurred his injury should be within the dates reflected in his deployment orders.  The Department of Veterans Affairs (DVA) will not accept his LOD as verification of being on active duty at the time of his injury.  The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error and injustice.  The Board believes a preponderance of the evidence substantiates the applicant’s contentions. In particular, the applicant has provided documentation showing he injured his knee during his 2007 deployment to Kuwait.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT, and in particular the AF IMT 348, Line of Duty Determination, dated 1 Apr 08, be corrected as follows:  All references to “Nov 07” shall reflect “Oct 07” instead.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-02375 in Executive Session on 13 Sep 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 10 Jun 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/SG, dated 14 Apr 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 10 May 17.
Exhibit E:	Applicant’s response, dated 5 Jun 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.