RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00549 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be entitled to Medical Continuation (MEDCON) orders from 9 Aug 11 to 17 Jan 12 with full pay and benefits. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He should have remained on active duty until his medical condition was resolved. His medical treatment was continued; however, he was left without MEDCON orders until 18 Jan 12. He was not given any legal basis as to why he was not retained on active duty. In support of his appeal, the applicant provides copies of his DD Form 214, Certificate of Discharge or Release from Active Duty, issued in conjunction with his 8 Aug 11 separation; medical documentation from his military medical providers; his LOD documents, and various other documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served on extended active duty from 17 Jul 10 to 8 Aug 11. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPFA/MEDCON recommends denial. The applicant was on orders from 17 Jul 10 to 2 Nov 10 and was seen for a medical condition in early Sept 10. He was placed on MEDCON orders from 3 Nov 10 through 8 Aug 11 and states that he required continued treatment at the time he was released from these orders. On 4 Feb 11, the applicant was evaluated and conservatively treated for a Non - Line of Duty Determination (Non-LOD) condition. He was seen again on 11 Feb 11 and treated conservatively. No further appointments were noted for his non- LOD condition, until 30 Jun 11. At this visit it was expected that treatment for the applicant’s LOD condition would end in 5 - 6 weeks. Thus, his orders were extended to 8 Aug 11, to coincide with this time frame. On 8 Aug 11, an extension was requested based on the projected LOD and receipt of the treatment plan. However, without the supporting documentation, this request was disapproved. On 18 Jan 12, the second MEDCON request was allocated. Eligibility for MEDCON begins when the LOD is completed through the Wing Appointing Authority or HQ ARC Approving Authority, as appropriate. No documentation is available to indicate why this request was not submitted until Jan 12. On 8 Sep 11, the new LOD was completed and the applicant would have been eligible at that time provided a treatment plan was still in place for that LOD condition. There is no evidence of a treatment plan. Documentation required to validate treatment would be in the form of physical therapy progress notes and a schedule of appointments annotating those kept and/or canceled. Service members are eligible to receive treatment for all medical conditions while on MEDCON orders, however, orders cannot be extended solely for the treatment of a non-LOD condition. It should be noted that, on 28 Jul 11, an LOD was initiated, but it is unknown when this LOD and corresponding medical documentation was submitted to the MEDCON validator for review and processing. Per the declination note provided on 8 Aug 11, by the CMAS program allocator: "Extension for MEDCON is disapproved at this time, IAW DoD 7000. 14-R, DoD Financial Management Regulation, Volume 7A, Chapter 57, Table 57-3, 'Disability Entitlements for the Reserve Forces,’ Note 2: Failure of the member to provide current and sufficient information as established by administrative regulations of the military service concerned may result in discontinuation of pay and allowances. It is the member's responsibility to provide documentation in a timely manner." It is suspected, based on the above, that the medical documentation was submitted after the applicant’s orders ended. The complete DPFA/MEDCON evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 23 Aug 13 for review and comment within 30 days. As of this date, no response has been received by this office (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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of Air Force Medical Operations Agency and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, 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-2013-00549 in Executive Session on 15 Oct 13, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 Jan 13, w/atchs. Exhibit B. Applicant's Available Master Personnel Records. Exhibit C. Letter, AFMOA/SGHI, dated 13 Aug 13, w/atch. Exhibit D. Letter, SAF/MRBR, dated 23 Aug 13. 2 3