RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03271 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was on Medical Continuation (MEDCON) orders from 1 Dec 2011 through 30 Aug 2012 and that he receive full pay, benefits and service credit for this period. ________________________________________________________________ APPLICANT CONTENDS THAT: He was injured in the Line of Duty (LOD) while deployed to Iraq on Title 10 orders. He was placed on MEDCON orders from 30 Mar 2011 to 1 Dec 2011 to receive treatment. He was again placed on MEDCON orders from 30 Aug 2012 to 26 Feb 2013. MEDCON orders should have continued until the final disposition of his case. In support of his request, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty; AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board; AF IMTs 348, Line of Duty Determination; Special Orders and various other items related to his request. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Special Order ACD-01055 issued on 17 Jan 2013, directed the applicant be relieved from active duty effective 26 Feb 2013 and permanently retired with a disability rating of 50 percent. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFA recommends denial. DPFA states that the applicant failed to comply with all directives pertaining to the MEDCON program. He provided a copy of his LOD paperwork; however, the AF Form 469, Duty Limiting Condition Report, the applicant provided is a working copy - not a signed official copy. The complete DPFA evaluation is at Exhibit C. The BCMR Medical Consultant recommends approval. The Medical Consultant located an official copy of the AF Form 469 with the same date as the working copy, but signed by three medical officials, thus, validating the credibility of the document; particularly when taken in the collective context of continued symptoms experienced prior to this date. Nevertheless, the three-month gap in medical documentation between 29 Dec 2011 and 30 Apr 2012 is not explained in the case file; although symptoms were, again, reportedly "persistent and somewhat increasing" by 30 Apr 2012. It is likely that the applicant's medical condition had not sufficiently improved or did not achieve a durable recovery during the period in which his orders were discontinued and that his reduced functionality occurred along a continuum, from the time his orders were discontinued through the time they were restored and he was ultimately retired. Thus, the Medical Consultant recommends rendering the benefit of doubt in favor or the applicant by establishment of retroactive MEDCON orders covering the period 1 Dec 2011 through 30 Aug 2012. The complete Medical Consultant’s evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He agrees with the BCMR Medical evaluation. However, he would like to further strengthen his recommendation. He has all original documents; however, he did not send the originals per the instructions on the DD Form 149, Application for Correction of Military Record. Furthermore, there is no three month gap in medical documentation from 29 Dec 2011 to 30 Apr 2012. In fact, he has original medical records that indicate he received treatment during this period. He asserts that DPFD’s statement that he failed to comply with all directives of the MEDCON program is simply not true. A congressional investigation was conducted and there is no evidence that suggests he failed to comply with any directive. In fact, he was immediately placed on MEDCON orders and allowed to process through the MEB. The applicant’s complete response 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 timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting relief. After carefully reviewing this application, we agree with the opinion and recommendation of the BCMR Medical Consultant and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or injustice. Therefore, in the interest of equity and justice, we recommend the applicant’s records be corrected to establish retroactive MEDCON orders covering the period 1 Dec 2011 through 30 Aug 2012. Accordingly, we recommend his records be corrected as set forth below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating APPLICANT, be corrected to show he was not released from active duty on 1 Dec 2011, but on that date he wascontinued on active duty for the purpose of medical evaluation through 25 Feb 2013, and on 26 Feb 2013, he was permanently disability retired. ________________________________________________________________ The following members of the Board considered AFBCMR BC-2013-03271 in Executive Session on 24 Apr 2014, under the provisions of AFI 36-2603: , Chair , Member , Member ? All members voted to correct the record as recommended. The following documentary evidence was considered in AFBCMR BC-2013-02371: Exhibit A. DD Form 149, dated 24 Jun 2013, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPFA, dated 1 Oct 2013. Exhibit D. Letter, BCMR Medical Consultant, dated 7 Jan 2014. Exhibit E. Letter, SAF/MRBC, dated 8 Jan 2014. Exhibit F. E-mail, Applicant, dated 22 Jan 2014. 1 2