RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-05138 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Line of Duty (LOD) finding be changed from “Existed prior to Service, no service aggravation” to “In Line of Duty”. APPLICANT CONTENDS THAT: The back pain that led to his fitness for duty evaluation and subsequent disqualification for continued military service was caused by a back injury sustained in July 2010 while lifting sandbags all day. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is currently serving in the Air Force Reserve in the grade of Senior Airman (E-4). According to documents extracted from his military personnel record (MPR), on 7 Oct 13, the applicant was recommended for medical discharge based on a diagnosis of Lumbar Spondylosis with facet degeneration, central and foraminal stenosis, disc degeneration worse at L3-S1, worse at L4-5 and L5-S1 Lumbar Radiculopathy, Intermittent/recurrent, Left/Right Bilateral Knee pain/osteoarthritis. On 29 Oct 13, the applicant was medically disqualified based on the diagnosis. A review of the records and automated systems revealed no LOD determinations finalized or in process. On 3 Jan 14, the applicant was found to be unfit for duty at an Informal Physical Evaluation Board (IPEB). The applicant non- concurred with the IPEB and requested a formal hearing. On 25 Feb 14, the applicant was found unfit for duty at a Formal Physical Evaluation Board (FPEB). The applicant did not accept the findings of the FPEB and requested his case be reviewed by the Secretary of the Air Force Personnel Council (SAFPC). On 15 Oct 14, SAFPC concurred with the determination of the prior Physical Evaluation Boards and found the applicant unfit for continued military service. The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D. AIR FORCE EVALUATION: AFRC/A1K recommends denial indicating there is no evidence of an error or an injustice. The applicant has been found medically unfit for military duty by the Physical Evaluation Board and Secretary of the Air Force. The additional documentation reviewed in this case does not warrant consideration for a LOD determination or approval of the applicant’s request. A complete copy of the AFRC/A1K evaluation is at Exhibit C. AFRC/SGP recommends denial indicating there is no evidence of an error or an injustice. A review of the records provided by the applicant, revealed a history of chronic back pain which began in 2007 while off duty. In the body of additional medical notes provided by the applicant, dated 7 Jun 10, the history of present illness described a “40 year old male complaining of a history of three discs herniated in lumbar spine with prior cortisone injections. Back pain returning but different insurance and would like referral.” This medical note was dated one month prior to the incident he reported while on orders. All of these findings are chronic in nature and are consistent with his earlier complaints in 2007 and 2008. In accordance with DODI 1332.18, Disability Evaluation Systems, service aggravation is defined as a permanent worsening of a pre-service medical condition over and above the natural progression of the condition. The applicant’s condition clearly shows that his low back condition existed prior to the service performed in 2010, and his notes do not reveal any evidence of service aggravation. A complete copy of the AFRC/SGP evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In support of his response, the applicant provides copies of medical records that document his muscle spasms from 2006, 2007, and 2008 (Exhibit F). 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 opinions and recommendations of the Air Force offices of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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-2014-05138 in Executive Session on 13 Aug 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining AFBCMR Docket Number BC-2014-05138 was considered: Exhibit A. DD Form 149, dated 11 Dec 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFRC/A1K, undated. Exhibit D. Memorandum, AFRC/SGP, dated 19 Feb 15. Exhibit E. Letter, SAF/MRBR, dated 5 Mar 15. Exhibit F. Letter, Applicant, dated 17 Apr 15. 1 2