RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02159 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be placed on Medical Continuation (MEDCON) Orders from 6 November 2012 through 21 March 2013. ________________________________________________________________ APPLICANT CONTENDS THAT: On 6 September 2012, while performing his fitness assessment, he collapsed from sudden cardiac arrest. His unit immediately began a Line of Duty (LOD) determination. He was put on MEDCON orders from 7 September through 5 November 2012; however, he was not cleared for military duty until 21 March 2013. He now has a Cardio Defibrillator implanted in his chest and is no longer deployable without a waiver for the implant. He was also placed on a code 3 waiver, which has to be reviewed yearly. The way he understands DoDI 1241.2, Reserve Component Incapacitation System Management, his MEDCON orders should have been extended until he was found fit for duty on 21 March 2013. In support of the appeal, the applicant provides excerpts from regulations, AF Form 422, Notification of Air Force Member’s Qualification Status, medical records and other supporting documentation. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a member of the Air National Guard (ANG) serving in the grade of master sergeant. The remaining relevant facts are outlined in the letter prepared by the Air Force office of responsibility, which is included at Exhibit B. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PS recommends denial. In accordance with the Medical Continuation Policy dated 15 August 2012, MEDCON is extended to members of the Reserve component who are unable to perform military duties due to an injury, illness or disease incurred or aggravated in the line of duty. To be eligible for MEDCON, a member is unable to perform military duties as stated on the AF Form 469, Duty Limiting Condition Report, and have an LOD as determined by a credentialed military health provider as stated on the AF Form 348, Line of Duty Determination. The applicant was in drill status on 6 September 2012 when the cardiac arrest occurred. He was transferred by ambulance to a hospital. He had an internal defibrillator implanted into his left shoulder pocket as a precautionary measure. He received MEDCON orders from 7 September 2012 through 5 November 2012. He was released from the hospital and returned to work on 18 October 2012. On the drill weekend of 22 October 2012, his medical documentation was reviewed by a military doctor. The only AF Form 469 submitted was dated 14 September 2012 through 14 September 2013. When the applicant was returned to work by his civilian doctor with no restrictions and reviewed by the military doctor, a follow-up AF Form 469 should have been accomplished: it was not. No further treatment was required with the exception of follow-up appointments with his civilian provider. Because he was cleared to return to work, he was not eligible for MEDCON orders. It would not be appropriate to place the applicant on MEDCON orders from 6 November 2012 through 21 March 2013 because he was able to perform military duties as stated on the doctors slip from his civilian provider. Additionally, a military doctor reviewed his records and documented on the SF Form 600 “he feels good, is progressing well.” The only profile was no heavy lifting. The complete NGB/A1PS evaluation, with attachments, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates his contentions and states that the MEDCON policy used during his assessment does not supersede the DoDI. At the bottom of his AF Form 469, it states “member is undergoing a Medical Evaluation Board to determine fitness for continued worldwide duty and retention.” He was found fit for duty on 21 March 2013 and was granted a waiver. His civilian doctor cannot find him fit for duty or grant him a military waiver, only the military can make this determination. The applicant’s complete response, with attachments, is listed at 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 that warrants corrective action. After thoroughly reviewing the evidence of record and the applicant’s complete submission, we are not persuaded that a change in the record is warranted. While we note an AF Form 469 should have been completed by the military medical provider, the absence of the form does not negate that the applicant’s records were reviewed by a military medical provider and it was noted that he was progressing well and able to perform his military duties. As such, we find the evidence submitted insufficient to override the rationale provided by NGB/A1PS. In the absence of persuasive 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-2013-02159 in Executive Session on 16 January 2014, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-02159 was considered: Exhibit A. DD Form 149, dated 1 May 13, w/atchs. Exhibit B. Letter, NGB/A1PS, dated 8 Jul 13, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 5 Aug 13. Exhibit D. Letter, Applicant’s Response, undated, w/atchs.