RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03645 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He receive pay and points for the period 14 January 2012 through 6 August 2012. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He was injured while deployed and unable to return to his military and civilian employment. He should have remained on active duty orders until he could be returned to duty or processed through the Disability Evaluation System (DES). He is currently undergoing a Medical Evaluation Board (MEB). He has previously applied for medical continuation (MEDCON) and incapacitation pay; however, his previous requests have been denied. In support of his request, the applicant submits copies of AF IMT 1971, Certification for Incapacitation Pay; AFRC IMT 348, Informal Line of Duty Determination; DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Prior to the period under review, the applicant experienced medial meniscus of the right knee (dislocation of the knee); also, it was later determined that he had bilateral knee pain. The applicant completed a continuous tour of active duty from 28 August 2010 through 13 January 2012. ________________________________________________________________ THE AIR FORCE EVALUATION: AFMOA/SGHI recommends denial. SGHI states that the applicant was not eligible for MEDCON based on the evidence provided. He was not on MEDCON orders due to the basic eligibility requirements; not receiving active care for his condition, and was not in the Integrated DES. Based on the information provided, the applicant was not eligible for Medical continuation as he has not provided any medical documentation to show that he received treatment of consultation, The Command Manday Allocation System (CMAS) reflects the applicant has been approved for Military Personnel Appropriation (MPA) (active duty orders) from 22 August 2012 (sic) to 18 January 2012 and 20 September 2012 to 6 May 2013. The complete SGHI evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: In accordance with AFI 36-2910, when an Air Force Reserve member is injured while on active duty orders, the member is to remain on orders until a determination of their status is made. After months of going through all the required process, as well as applying for incapaciation pay, SG investigated the situation. Upon completion of the investigation, he was placed back on orders as of 20 September 2012 and was advised that he was sent home by mistake. According to his understanding of the regulations, this should have never happened and he questions why his orders were terminated in January and then he was put back on orders in September 2012. In support of his appeal, the applicant submits a personal statement and a letter from his civilian medical provider. The applicant’s complete response, with attachments, is at Exhibit E. ________________________________________________________________ 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. After a thorough review of the evidence of record and careful consideration of the applicant's contentions, we are not persuaded that he has been the victim of an error or injustice. We note that the applicant questions why his orders were terminated in January and reinstated in September 2012. However, as pointed out by SGHI, the applicant was not receiving active care for the condition and was not in the Integrated DES and has not provided any medical documentation to show that he received treatment or consultation to qualify for medical continuation orders. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as basis for our conclusion that the applicant has not been the victim of an error or injustice. Absent persuasive evidence that he was denied rights to which he was entitled, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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-2012-03645 in Executive Session on 16 Jul 13, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 6 Aug 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFMOA/SGHI, dated 7 Mar 13. Exhibit D. Letter, SAF/MRBR, dated 22 Mar 13. Exhibit E. Letter, Applicant, dated 1 Apr 13, w/atchs.