RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04815 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be placed on medical continuation orders. 2. He be entitled to a point for each day that he should have been continued on military orders. ________________________________________________________________ APPLICANT CONTENDS THAT: While he was on orders for 167 days, he was diagnosed with a hernia in Feb 2011 and surgery was recommended. He contacted his reserve medical unit and requested his current orders be extended and a LOD be initiated. He was told that his orders were not being extended because he failed to disclose the injury on his redeployment health questionnaire. At the time he completed the questionnaire, he was excited about going home and failed to realize the full extent of his injury. Once on leave, he realized the extent and immediately contacted his reserve medical unit. However, his orders were allowed to end and he had to wait almost eight months to have a AFRC IMT 348, Informal Line of Duty Determination done. He was forced to go back to work immediately following the first surgery. He filed for Incapacitation Pay (INCAP) in the spring of 2012, but was only granted INCAP pay beginning on 1 Apr 2011. He was told that he was not entitled to military pay for that time period because he did not have a civilian job in Mar 2012. He should have been kept on military orders and allowed to work up until his surgery and then remain on orders until he recuperated. Although he received INCAP pay from 1 Apr 2012, he is entitled to a point for each day that he should have been continued on military orders. In support of his request, the applicant provides copies of his medical records, AF IMT 1971, Certification for Incapacitation Pay; AF Form 938, AFRC IMTs 348, and various other documents associated with his request. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the BCMR Medical Consultant. Accordingly, there is no need to recite these facts in this Record of Proceedings. ________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial. The Medical Consultant states that the applicant’s ventral hernia existed prior to service. The Medical Consultant also opines that the applicant’s ventral and supraumbilical hernias were not unfitting conditions. After his medical visit on 22 Feb 2011 he appears to have been capable of completing his tour of duty without duty restrictions. The applicant underwent elective surgical procedures, on a non-emergent basis for conditions that presented in their expected natural progression, as would occur with increase in intra-abdominal pressure due to any cause. Since his conditions did not interrupt or interfere with completion of his tour of duty, as would otherwise be verified through medical records and profile restrictions, he was not eligible for medical continuation orders. Moreover, the purpose of the Reserve incapacitation benefit system is to compensate, to the extent permitted by law, members of the Air Force Reserve who experience incapacitation or loss of civilian earnings as a result of injury, illness or disease incurred or aggravated in the LOD and provide the required medical and dental care associated with the incapacitation. The applicant’s LOD determination was very specific and “Limited to his umbilical and supraumbilical hernia.” He underwent an uneventful repair of the umbilical and supraumbilical hernia. His surgeon states that he would have been placed on quarters for two weeks followed by four weeks of light duty. If the Board were to take the worst case scenario the applicant would have only received Incapacitation Pay from 25 Mar 2011 until approximately 4 May 2011. Instead he received incapacitation pay from 1 Apr 2011 through 23 Sep 2011. On 1 Jul 2011, the applicant’s surgeon repaired a right inguinal hernia, and a left inguinal hernia. The pathophysiology of an inguinal hernia is entirely different from an umbilical hernia. Noting that the applicant had no complaints regarding his inguinal hernias, the Medical Consultant opines they were clinically insignificant during his deployment. In fact the left inguinal hernia was only brought to the attention of all parties after advanced imaging techniques were applied [it was found by accident]. His LOD was specific for his “service aggravated” umbilical hernia. The inguinal hernia repairs and their associated complications were elective procedures and non-duty related. The applicant received approximately 150 days of incapacitation pay which the Medical Consultant believes were inadvertently authorized. The Medical Consultant opines that the applicant had additional surgical procedures done outside the scope of his reported injury and existing LOD. The complete BCMR Medical Consultant’s evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 12 Jul 2013, a copy of the BCMR Medical Consultant’s evaluation was forwarded to the applicant 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 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 BCMR Medical Consultant and adopt his rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. 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 this application in Executive Session on 15 Aug 2013, under the provisions of AFI 36- 2603: ________________________________________________________________ , Panel Chair , Member , Member The following documentary evidence was considered in AFBCMR BC- 2012-04815: Exhibit A. DD Form 149, dated 14 Sep 2012, w/atchs. Exhibit B. Applicant's Available Military Records. Exhibit C. Letter, BCMR Medical Consultant, dated 11 Jul 2012. Exhibit D. Letter, SAF/MRBC, dated 12 Jul 2013.