RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03638 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be placed on medical continuation (MEDCON) orders from 17 Jan 12 to 8 Feb 12. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He should have been placed on MEDCON orders for a Line of Duty (LOD) injury he incurred during his activation/involuntary mobilization in support of Operation ENDURING FREEDOM. He was injured while on active duty for more than 30 days; however, his LOD determination was not completed in time for him to receive MEDCON orders for the period of his surgery and convalescent leave. He initiated paperwork with his unit and the Air Force Medical Operations Agency (AFMOA); however, they did not review his request because the Military Treatment Facility (MTF) had not completed his LOD determination. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant, a member of the Air Force Reserve, was issued activation orders for a tour of active duty in support of Operation ENDURING FREEDOM from 3 Jan 11 to 18 Jun 11. ________________________________________________________________ THE AIR FORCE EVALUATION: AFMOA/SGHI recommends denial, stating, in part, that the applicant did not provide sufficient evidence to support his claim. The reason his care and medical orders were not approved is due to the LOD not being completed prior to his surgery date and the primary office that would need to explain the delay in the LOD processing is the assigned Medical Unit (452 AMDS). SGHI notes that according to the timeline narrative regarding the applicant’s injury and LOD, written by the 452 AMDS dated 10 Aug 12, states that on 16 Mar 11, he was injured during his activation from 3 Jan - 18 Jun 11. An LOD for the injury was initiated on 9 Jul 11; however, it was not finalized as In the Line of Duty until 19 Jun 12. The complete SGHI evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant provides a letter from the MTF, Health Services Management office summarizing the chronological events which led to his LOD determination being delayed (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. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting corrective action. We note the comments from the Air Force office of primary responsibility; nonetheless, the serving MTF provided evidence that the administrative delay with the LOD processing was due to no fault of the applicant. Therefore, in view of the above, the applicant has provided substantial evidence that he has been the victim of an error or injustice. Accordingly, we recommend the applicant’s record be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was not released from active duty on 16 Jan 12, but on that date was continued on active duty until 11 Feb 12, on which date he was released from active duty. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-03638 in Executive Session on 11 Jun 13, 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 11 Feb 12, w/atchs. Exhibit B. Letter, AFMOA/SGHI, dated 28 Feb 13. Exhibit C. Letter, SAF/MRBR, dated 1 Mar 13. Exhibit D. Letter, 452nd AMDS, dated 28 Mar 13, w/atchs.