RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00563 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was placed on active duty from 9 Nov 09 through 15 Dec 09 for medical treatment and recovery from his line of duty (LOD) injury. ________________________________________________________________ APPLICANT CONTENDS THAT: He was injured while he was in Iraq. He was told he would be on active duty orders, performing light duty, while recovering from surgery. Because of the injury, he was unable to work for a month and should have been placed on active duty for medical treatment and recovery. In support of his appeal, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, AFRC IMT 348, Informal Line of Duty (LOD) Determination, excerpts from his medical records, and correspondence related to the matter under review. The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: Information extracted from the Military Personnel Data System (MilPDS) indicates the applicant is currently serving with the Air Force Reserve in the grade of staff sergeant (E-5), effective and with a date of rank of 1 Jul 07. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFRC/SG recommends denial, indicating the applicant’s submission lacks sufficient documentation to recommend granting the relief requested. The applicant commenced a tour of active duty on 2 Jan 08 and was deployed to Iraq. During the deployment, he developed a knot (ganglion) on his left wrist which was evaluated on 7 Oct 08 upon his return to home station. An LOD determination was initiated and his injury was found to be in the LOD on 16 Nov 08. On 17 Nov 08, he was placed on active duty for medical continuation until 14 Jan 09 when he was released from active duty. On 29 Sep 09, he was seen by his orthopedic specialist who found reoccurrence of the ganglion and referred him for surgery. In accordance with the 8 Dec 06 SAF/AA memo, Return to Active Duty of Air Reserve Component (ARC) Members Unable to Perform Military Duties, members are eligible for active duty orders for periods they are unable to perform military duty as a result of a service connected condition. While the generic work excuse included in the submission makes it clear that he was unable to perform his duties during the period 25 Nov 09 through 15 Dec 09, neither his present submission, nor his original request for medical continuation, contains evidence he was undergoing any specific treatment. A complete copy of the AFRC/SGP 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 19 Mar 10 for review and comment within 30 days. As of this date, no response has been received by this office (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. 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 and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. While it appears he underwent some kind of medical treatment related to his LOD injury, the evidence presented does not include any documentation describing the actual treatment or his prognosis (i.e. a treatment or post-operative report), which would be essential in determining his entitlement to the requested relief. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2010-00563 in Executive Session on 26 Oct 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 7 Feb 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFRC/SGP, dated 3 Mar 10. Exhibit D. Letter, SAF/MRBR, dated 19 Mar 10.