RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04634

XXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The start date of his medical hold orders be adjusted to be continuous with the release from his Active Guard Reserve (AGR) tour on 2 Feb 16.  In addition, he requests all credit for points, pay, entitlements and medical benefits from 2 Feb 16 to 10 Feb 17, less any compensation received.  

APPLICANT’S CONTENTIONS

He was involuntarily separated from his AGR tour while undergoing treatment for an In-Line-of-Duty (ILOD) medical condition.  While he requested medical hold and received verbal confirmation that medical hold orders would be approved, he was not placed on orders until 12 Feb 17.  

In support of his appeal, the applicant provides a memorandum for the BCMR, various excerpts from the DoDI and AFI, and a copy of his initial set of medical hold orders with a start and end date of 12 Feb 17 to 11 Apr 17.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air National Guard major (O-4).

On 18 Dec 15, AF Form 348, Line of Duty Determination, dated 29 Jan 16, indicates that the applicant was diagnosed with lumbago with sciatica and on 19 May 16, the appointing authority found the condition to be In-Line-of-Duty (ILOD).  In addition, the condition was found not to be potentially unfitting and did not require an ARC LOD Determination Board.  The form also indicates that the applicant was on orders from 1 Sep 12 to 1 Feb 16.  

On 17 May 16, Standard Forms 50, Notification of Personnel Action, indicate that the applicant was appointed as a temporary technician as the logistics management specialist with the 154th Aircraft Maintenance Squadron.  On 1 Oct 16, the applicant was extended as a temporary technician and on 16 May 17 the appointment was terminated.

On 11 Feb 17, as noted in a memorandum from the 154th Medical Group, dated 28 Jan 20, the applicant slipped on a stairway at his unit during a drill weekend and injured his back.  After being diagnosed with acute on chronic exacerbation of lower back, he was placed on medical hold. 

On 12 Feb 17 the applicant was placed on Title 32 orders for the purpose of Special Training Medical Hold and continued on various extensions for that same purpose until 2 Apr 19.

On 30 Aug 19 the applicant was placed on medical continuation orders with an end date of 19 Feb 20.   
 
For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

NGB/A1PS, recommends denying the application.  The applicant was on a Title 32 (Occasional) AGR tour starting on 1 Sep 12, but due to poor performance his orders were curtailed to end on 1 Feb 16.  On 26 Jan 16, during his medical separation exam and six days prior to the AGR tour curtailment, the applicant informed the 154th Medical Group of two medical conditions he was recently diagnosed (Lumbago – left sciatica and Adjustment Disorder with depressed mood, diagnosed 18 Dec 15).  While he believed both conditions would require medical hold, his treating physician cleared him for continued service with no duty and mobility restrictions.

In accordance with DoDI 124.01, Paragraph 3a(2), “When an RC Service member is on active duty (AD) or full-time National Guard duty (FTNGD) for a period of more than 30 days and, at the scheduled end of that period, has an unresolved in-LOD condition that may render the member unfit for duty under the Disability Evaluation System(DES), but this has not yet been determined by the DES, the member:  (a) Will, with his or her consent, be retained on AD or FTNGD until: 1.  Outstanding in-LOD conditions are resolved; or 2.  He or she is either found fit for duty, separated, or retired as a result of a DES finding.”  As such, the applicant did not have an unresolved In-Line-of-Duty condition on 26 Jan 16 that rendered him unfit for duty under the Disability Evaluation System and therefore, he did not qualify to be continued on active duty orders following his AGR curtailment.

Furthermore, the applicant continued to attend Drill from 2 Feb 16 to 11 Feb 17 and was fully employed as a Temporary Technician from 17 May 16 to 16 May 17.  It wasn’t until 11 Feb 17, during a drill weekend and one year after the curtailment of his AGR orders, that he exacerbated his pre-existing back condition when he slipped on the stairs during a drill weekend.  As a result, he was diagnosed with acute on chronic exacerbation of lower back pain and an MRI revealed a herniated disk at L5-S1 on the left side with degenerative disc disease.  Due to this injury a new LOD was accomplished, the applicant was placed on medical orders starting 12 Feb 17 and is currently awaiting a Medical Evaluation Board (MEB) determination.  

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 22 Apr 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of NGB/A1PS and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2019-04634 in Executive Session on 17 Jun 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 13 Sep 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PS, w/atchs, dated 27 Feb 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 22 Apr 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings related to Docket Number BC-2019-04634, as required by AFI 36-2603, paragraph 4.11.9.