RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04977 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her records be corrected to reflect she was not released from active duty on 2 Sep 11, but was instead retained on active duty for medical continuation (MEDCON) until 16 Nov 11. ________________________________________________________________ APPLICANT CONTENDS THAT: She was wrongfully released from active duty before the Medical Evaluation Board (MEB) made its decision and determined final disposition on her disability case. In support of her request, the applicant provides copies of extracts of her military personnel and service medical records, which include her AF Form 348, Line of Duty Determination, AF Form 469, Duty Limiting condition Report, statements of support from her healthcare providers, and various email traffic related to the matter under review. The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate she served as a member of the Air Force Reserve in the grade of master sergeant (E-7) during the matter under review. On 1 May 11, the applicant was ordered to active duty (voluntary) under the provisions of 10 USC 12301(h) for the purposes of medical continuation (MEDCON). According to a medical narrative summary provided by the applicant, she suffered from progressive right arm numbness beginning in early 2010 diagnosed as cervical radiculopathy and resulting in a cervical discectomy and fusion in May 2011; chronic low back pain secondary to degenerative disk disease and chronic left hip pain. On 31 May 11, the applicant had neck surgery and was on convalescent leave from the time of her surgery until 5 Sep 11. On 2 Sep 11, the applicant was released from her MEDCON active duty tour. On 27 Oct 11, a Line of Duty (LOD) determination was initiated to evaluate the applicant’s medical condition for service connection. On 9 Dec 11, the appointing authority indicated a finding of in the LOD. On 17 Nov 11, the applicant was again ordered to active duty (voluntary) in accordance with 10 USC 12301(h) (medical continuation) and served until 18 Apr 12 when she was released from active duty at the completion of her required active service. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1S recommends approval of the applicants request and notes that DoDI 1241.2, Reserve Components Incapacitation System Management, indicates that a Reserve component member on active duty under a call or order to active duty specifying a period of 31 days or more, who incurs or aggravates an injury, illness, or disease in the line of duty shall, with the member’s consent, be continued on active duty upon the expiration of a call or order to active duty until the member is determined fit for duty or the member is separated or retired as a result of a Disability Evaluation System determination. The applicant has provided sufficient documentation to substantiate she should have been retained on active duty during the requested period. A complete copy of the NGB/A1S evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the NGB/A1S evaluation was forwarded to applicant on 6 Mar 12 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: AFMOA/SGHI recommends denial, indicating the applicant and the 162nd Medical Group were allocated the appropriate timeframe to provide supporting medical documentation, but failed to do so in a timely manner. The applicant was on medical continuation orders from 1 May 11 through2 Sep 11. It is standard protocol that the member, their unit, or medical unitrequest an extension to the MEDCON orders via a request to AFMOA-Medical Continuation Division that contains medical treatment documentation and a AF 469, at least five days prior to expiration of the Command Man-day Accounting System (CMAS) authorization. However, no such extension request was submitted by the applicant’s medical unit prior to 2Sep11in accordance with the aforementioned procedure. The applicant’s request for continuation was ultimately submitted on9 Sep 11, after the expiration of her MEDCON orders on 5 Sep 11. Herrequest was notdenied by AFMOA or anyone else as the request to stay on MEDCON orders was not submitted in a timely manner and her case was released in CMAS as failure to submit medical documentation. Shewould not have been released if the requestfor an extension had been timely submitted by her or her unit prior to 2 Sep 11. The applicant was not able to get her appointment on time and get copies of her paperwork to submit an extension until 9Sep11. Upon receipt of the medical documentation on 9Sep11, AFMOAinformed the 162ndMedical Group the case had been released and they were going to have to resubmit a new CMAS request along with completing all required AFMOA forms. The 162ndMedical Group staff made failed attempts to complete a new CMAS request for the applicant that met AFMOA MEDCON guidelines. On 17 Nov 11, the applicant’s CMAS request for MEDCON orders wasapproved. Thecomplete copy of the AFMOA/SGHIevaluation is at Exhibit E. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: The applicant indicatesthe staff from 162ndMedical Group requested MEDCON orders with the proper documentation on 9Sep11 when the physicians notes were available. Several attempts were made to secure MEDCON orders with no responses on numerous occasions. Sufficient documentation was provided and standard protocol was in place when an extension of her MEDCON orders was requested prior to 2 Sep 11, which is when her MEDCON orders expired. DoDI 1241.2 paragraph 5.2.8.2 states “The Secretary of the Military Departments shall establish procedures to ensure that medicaltreatment for an injury, illness, or disease incurred oraggravated in the line of duty is not delayed because of administrative requirements.” Additionally DoDI 1241.2, also indicates thata reserve component member on active duty under a call or order to active duty specifically for a period of 31 days or more, who incurs or aggravates an injury, illness or disease in the line of duty shall, with the member’s consent, becontinued on active duty upon the expiration of call or order toactive duty until the member is determined fit for duty or themember is separated or retired as a result of a Disability Evaluation System determination. The National Guard Bureau did not follow standard protocol in requesting the extension five days prior to the expiration of her orders. While she was unable to secure her next medical appointment until 29 Aug 11, she made her unit aware of this circumstance well prior to the 2 Sep 11 deadline; however, her unit did not timely initiate her request. The applicant’s complete response, with attachments, is at Exhibit F. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. The applicant contends that she was wrongfully released from active duty before the Medical Evaluation Board (MEB) made their decision and final disposition on her disability case. After a thorough review of the evidence of record, we believe that a preponderance of the evidence indicates the applicant was the victim of an injustice. While we note the comments of AFMOA/SGHI indicating the applicant’s orders were not extended due to the failure of her unit to timely submit the documentation required to obtain the requested extension, we are not convinced the predicament the applicant finds herself in was totally within her control. In this respect, we note that due to circumstances beyond her control, she was unable to make a critical medical appointment until almost immediately prior to the suspense for her unit to request her medical continuation orders be extended. Because of the proximity of this appointment to the deadline for submitting her request, the medical notes from this appointment were not aXXXXXXXable until after her orders expired. Therefore, in view of the above, we believe the evidence is sufficient to find it in the interest of justice to correct the applicant’s record as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force pertaining to the APPLICANT be corrected to show she was not released from active duty on 2 September 2011, but on that date, continued to serve on active duty for the purpose of medical continuation until she was released from active duty on 18 April 2012. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04977 in Executive Session on 26 Jun 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, 2 Dec 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, NGB/A1PS, dated 5 Jan 12. Exhibit D. Letter, SAF/MRBR, dated 6 Mar 12. Exhibit E. Letter, AFMOA/SGHI, dated 16 May 12. Exhibit F. Letter, Applicant, dated 3 Jun 12, w/atchs.