RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03777 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His Line of Duty (LOD) Determination be changed to reflect his injuries were incurred in the LOD (ILOD), rather than existed prior to service (EPTS). 2. His records be corrected to reflect he was not released from active duty on 10 Jan 10, but was retained on active duty for medical hold through 15 Apr 10. _________________________________________________________________ APPLICANT CONTENDS THAT: After his deployment, he should have been allowed to remain on active duty until his shoulder injury was resolved. Furthermore, his shoulder injury should have been determined to be in LOD. In support of his request, the applicant provides copies of documents extracted from his military personnel and medical records, a copy of a letter to his congressional representative, and a summary for his LOD case. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate that he served in the Air Force Reserve in the grade of lieutenant colonel (O-5) during the matter under review. On 16 Apr 09, the applicant commenced a tour of active duty (voluntary) in support of Operation ENDURING FREEDOM and served on active duty until he was released on 10 Jan 10. On 13 Jan 10, a hand-written informal LOD was initiated and reaccomplished on 21 Jan 10 indicating that in October 2009, the applicant indicated while deployed to CENTCOM AOR, he began to feel pain in his right shoulder. It was further noted that if, in fact, there was an injury it would have been during the applicant’s activation down range and therefore would be ILOD. On 24 Feb 10, the applicant’s condition was determined to have existed prior to service (EPTS). The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C and D. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFRC/SGP recommends denial of the applicant’s request to have his shoulder injury found ILOD, rather than EPTS-N/A. A review the medical evidence provided did not support an ILOD finding. Further, there was no evidence provided that reflects a permanent service worsening of a pre-existing condition. The applicant has been provided information regarding submitting a request for reinvestigation and is advised to do so. The complete HQ AFRC/SGP evaluation is at Exhibit C. AFRC/A1 recommends denial of the applicant’s request to have his records corrected to reflect he was retained on active duty until 15 Apr 10. AFRC/A1 indicates that no evidence was found or submitted that reflects the applicant should have remained on EAD orders beyond the normally established expiration date of the EAD orders due to a medical condition. The complete AFRC/A1 evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 4 Mar 11 for review and comment within 30 days. As of this date, no response has been received by this office (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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice with respect to the applicant’s line of duty (LOD) determination. While we note the comments by the Air Force office of primary responsibility (OPR) indicating the applicant’s injury was not in the line of duty, we believe a preponderance of the evidence indicates that his injury was at least aggravated by his military service. In this respect, we note the letter from the applicant’s orthopedic surgeon indicating the applicant’s injury most likely occurred while he was deployed. Notwithstanding the above, insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice with respect to the applicant’s contention he should have been retained on active duty for the treatment of his medical condition. While we believe the evidence is sufficient to demonstrate the applicant’s injury was at least aggravated by his military service, the evidence is insufficient to conclude that this injury rendered him unfit for duty and that he should have been retained beyond the expiration of his active duty orders. Therefore, we recommend his records be corrected to the extent indicated below. _________________________________________________________________ The pertinent military records of the Department of the Air Force relating to the APPLICANT, be corrected to show that Block 11, Approval Authority Decision, of his AFRC IMT 348, Informal Line of Duty Determination, dated 21 January 2010, be amended to reflect that his right shoulder injury was found to be “EPTS – Service Aggravated.” _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-03777 in Executive Session on 14 Jul 11, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 Sep 10, w/atchs. Exhibit B. Applicant's Master Personnel Record. Exhibit C. Letter, HQ AFRC/SGP, dated 9 Nov 10. Exhibit D. Letter, HQ AFRC/A1K, dated 1 Feb 11. Exhibit E. Letter, SAF/MRBR, dated 4 Mar 11.