RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02265 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His record be corrected to reflect continuous active duty orders from 15 April 2008 through 31 July 2009, including travel pay; or, in the alternative, he be granted incapacitation pay for that period. In his response to the Air Force Reserve Command evaluation, the applicant amended his request to state that his record reflect that he was on continuous active duty from 15 April 2009 through 31 July 2009. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He should have received medical continuation orders following his hernia surgery for the period 14 April 2008 through 31 July 2009. In January 2009 (sic), his hernia was repaired, but the surgery was unsuccessful. He should have received travel pay to and from his appointments and, if not on active duty orders, he should have received incapacitation pay for the periods he was not on orders. He was on active duty orders from 6 October – 10 October 2008 and on the last day of active duty he reaggravated an old hernia injury dating back to 2003. His orders were amended to include the period from 14 – 15 October 2008 and he was sent to the doctor to be evaluated. His orders were extended from 11 October – 10 November 2008 with subsequent amendments numerous times. He was without orders for two-weeks at a time and had trouble meeting his financial obligations and getting health care. However, his orders were revoked and he was forced back into civilian status, while still under the doctor’s care. After weeks of waiting and numerous doctor visits, he had to undergo another surgery on 26 May 2009. His commander placed him on active duty orders from 26 May 2009 through 26 June 2009; however, these orders were amended (sic) and he was released on 9 June 2009, after the convalescent period was over. He was finally released from his hernia surgery per the assessment plan, dated 10 June 2009. In support of his appeal, the applicant provides a personal statement; a copy of his Air Force Reserve retirement order, Reserve Order (RO) EK-0395, dated 23 October 2009; numerous active duty orders and amendments, and Civilian and Military Leave and Earnings Statements (C/MLESs). The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Based on the applicant’s submission and the available records, the applicant was on active duty 6 Oct 08 through 14 Apr 09. The applicant was again placed on active duty from 26 May through 9 Jun 09, when he was medically released. ________________________________________________________________ THE AIR FORCE EVALUATION: AFRC/SGP recommends denial, stating, in part, the period for which the applicant is requesting pay begins prior to the injury/re-injury of the hernia. The applicant was on a four day annual tour order when he reported his hernia injury. A Line of Duty (LOD) was not initiated until February 2009 and was not completed until July 2009, with a finding of Existed Prior to Service—Service Aggravated (EPTS-SA), a finding that established a positive service connection. In accordance with Department of Defense Instruction (DoDI) 1241.2, Reserve Incapacitation System Management, Reserve members in status 30 days or less who aggravate an injury may be continued on active duty for treatment or recovery, though it is not mandatory. Due to the fact that the applicant was in a unit funded duty status when the condition was aggravated, the authority to issue further orders rested with the unit commander. SGP found no evidence of a service connected medical condition that would require pay and allowance benefits during the period from 15 April 2008 through 9 October 2008. SGP indicates the applicant has two service connected conditions, neither of which were disqualifying for continued military service, or would require a review under the Military Disability Evaluation System (MDES). In addition, his last condition that potentially required a Medical Evaluation Board review was found to be non service connected. The complete AFRC/SGP evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant notes that he submitted the wrong period in his request, he actually was requesting active duty from 15 Apr - 31 Jul 09. He was not released from his doctor’s care until 31 Jul 09 and should have been kept on active duty orders until he was found fit for duty. He had a profile serial code of “P- 4” during the whole period following the reaggravation of his hernia injury. He asserts that his hearing loss and sleep apnea are disqualifying in accordance with (IAW) the governing directives and does not believe his conditions were properly evaluated. In addition, he believes that his condition, hypertension, was not properly evaluated as well. In support of his appeal, the applicant provides a copy of his DD Form 214, Certificate of Discharge or Release from Active duty, dated 14 Apr 09 and other supporting documents. The applicant’s complete response, with attachments, is at Exhibit E. ________________________________________________________________ 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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we note, the applicant was on an active duty tour of less than 30 days when his condition was reaggravated. Therefore, we do not find that his conditions were improperly evaluated or that he was not given due process IAW the governing directives. In this respect, noting the comments from AFRC/SG, Reserve members in status 30 days or less MAY be continued on active duty, although it is not mandatory. Regarding the applicant’s assertion that his hearing loss, sleep apnea and hypertension were not properly evaluated, after a review of the evidence of record and the applicant’s submission, other than his own statements, he has not provided sufficient evidence that he was not properly evaluated. In addition, the applicant believes that he should have remained on active duty continuously from 6 October 2008 until 31 July 2009, when he maintains that his medical conditions were stabilized or resolved; however, based on the available evidence presented to this Board, in our view, he has failed to sustain his burden of proof of having suffered either an error or injustice or that the active duty periods were insufficient based on the severity of the conditions and the treatment he received. 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 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-2010-02265 in Executive Session on 24 March 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 16 Jun 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFRC/SGP, dated 28 Dec 10. Exhibit D. Letter, SAF/MRBR, dated 18 Feb 11. Exhibit E. Letter, Applicant, dated 14 Mar 11, w/atchs.