RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00333 INDEX CODE: 122.00, 128.00 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be placed on orders from 30 Mar 09 through 30 May 09 for his medical condition. 2. He receive all back pay and allowances. ___________________________________________________________________ APPLICANT CONTENDS THAT: 1. He was mobilized and deployed to Iraq from 22 Jun 08 through 18 Dec 08. During his deployment, he began having pain in his right shoulder and was referred to physical therapy to get an ultra-sound as well as exercises to strengthen the joint. Later, he received a shot of cortisone to help manage the pain and was told that he may need surgery to correct his problem; the surgery was not one that could be performed in theater. He started feeling better and was returned to normal activity including physical training. However, the pain returned and this time the level of pain was more intense. He received another shot of cortisone to hold him over until he returned to the United States. 2. He returned to his unit of assignment where he was put on a profile and told that if he needed surgery he would be put on orders. He then went to his home of record and tried to schedule medical appointments prior to his terminal leave ending on 28 Jan 09. 3. He had an MRI accomplished on 29 Jan 09; however, he did not get a follow-up appointment with a military doctor until 10 Feb 09. The doctor recommended he take another cortisone shot and schedule another x-ray at a later date. He was not happy with the doctor’s recommendation and sought another opinion from his personal physician. His personal physician ran tests and suggested surgery to correct his injury. He did not return to the military doctor for further care. 4. A Line of Duty (LOD) determination was initiated in Jan 09, but it was not approved until 2 Jul 09. He thought everything was proceeding properly until he was told that it was illegal to backdate orders and was referred to the BCMR to file a correction of records. He was put on unpaid leave with his civilian job for two months while he had surgery and recovered. In support of his request, applicant provides a copy of letters of support, excerpts from his medical records, a copy of his special order, a copy of AF IMT 938, Request and Authorization for Active Duty Training/Active Duty Tour, a copy of DD Form 1610, Request and Authorization for TDY Travel of DoD Personnel, a copy of letters from his personal physician, a copy of AFRC IMT 348, Informal Line of Duty Determination, and e-mail communications. His complete submission, with attachments, is at Exhibit A. ___________________________________________________________________ STATEMENT OF FACTS: The applicant is serving in the Air Force Reserve in the grade of colonel (0-6). He was mobilized and deployed to Iraq from 15 May 08 through 28 Jan 09. He underwent an Informal Line of Duty Determination on 26 Mar 09 for an injury that occurred while he was serving on active duty and assigned to a combat zone. His injury was determined to be In Line of Duty (ILOD) and closed on 2 Jul 09. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. ___________________________________________________________________ AIR FORCE EVALUATION: AFRC/SGP recommends approval. SGP states the LOD was not initiated until almost four months after the applicant returned from his deployment. SGP acknowledges the applicant’s medical condition was not diagnosed prior to his release from active duty and there is no indication a LOD was started by the supporting Reserve medical unit during this timeframe. Therefore, SGP finds it medically feasible that the applicant was unable to perform military duty for the period requested and would have been entitled to pay and allowances had the processing of his LOD and orders request occurred in a timelier manner. The AFRC/SGP complete evaluation is at Exhibit B. __________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded by stating he agrees with AFRC/SGP findings. He also provides clarification to some points made in the SGP evaluation. The applicant’s complete submission is at Exhibit D. ___________________________________________________________________ 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 error or injustice. In this respect, the applicant has provided convincing evidence that his medical condition surfaced while he was deployed to Iraq, which has also been substantiated by the Air Force Reserve Command’s Deputy Command Surgeon (AFRC/SGP). Therefore, we agree with AFRC/SGP that the applicant should have been continued on medical continuation orders prior to his release from active duty. Therefore, we recommend that the records be corrected as indicated below. ______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was not released from active duty on 28 January 2009, but was continued on active duty until 30 May 2009, on which date he was released from active duty. ______________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-00333 in Executive Session on 3 Jun 10, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence for Docket Number BC-2010-00333 was considered: Exhibit A. DD Form 149, dated 22 Jan 10, w/atchs. Exhibit B. Letter, AFRC/SGP, dated 8 Mar 10. Exhibit C. Letter, SAF/MRBR, dated 19 Mar 10. Exhibit D. Letter, Applicant, dated 23 Mar 10.