ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2013-03358

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

1.  She be placed on Medical Continuation Orders (MEDCON) orders with corresponding points from 19 Apr 12 through 29 Jul 12. 

2.  Her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect the following:  

a.	 Block 12b, Separation this Period to reflect 29 Jul 12.

b.	 Block 23, Type of Separation, Retirement.

c.	 Block 28, Narrative Reason for Separation, Retirement  
 Disability, Permanent.

STATEMENT OF FACTS:

On 28 Jul 12, the applicant was relieved from active duty. On 29 Jul 12, she was permanently disability retired in the grade of senior airman, with a compensable percentage for physical disability of 30 percent.

On 15 May 14 and 28 Oct 14, the Board considered and granted a similar appeal.  For an accounting of the facts surrounding her previous request and the rationale of the Board’s earlier decision, see the Record of Proceedings, with attachment at Exhibit E. 

Based on the Board’s decision to correct the record, a DD Form 214, was issued to reflect that she was placed on active duty, for the purpose of medical continuation in accordance with Title 10, U.S.C. §12301(h), from 19 Apr 12 through 20 Jul 12.

By DD Form 149, Application for Correction of Military Record, dated 27 May 15, the applicant submitted a request for reconsideration.  In this request, the applicant states her DD Form 214, should properly reflect and be consistent with the date of her disability retirement date on 29 Jul 12.  The applicant provides a personal statement, copies of her DD Forms 149; DD Form 214, special order ACD-02721 and original ROP (Exhibit F).  

According to the applicant’s Point Credit Accounting and Reporting Systems (PCARS) dated 17 Nov 16, she was on active duty for the period 19 Apr 12 through 28 Jul 12.  

AIR FORCE EVALUATION:

AFPC/DPFA recommends the applicant’s request for MEDCON orders for the period 19 Apr 12 to 29 Jul 12 be approved with the end date aligning with her medical retirement order.   

According to SAF MEDCON guidelines (Aug 12) an airman may be eligible for MEDCON orders when an injury, illness, or disease is incurred or aggravated while serving in orders and that condition renders the airman unable to perform military duties.  MEDCON eligibility requires a Line of Duty (LOD) determination and a finding by a credentialed military health care provider that the airman has an unresolved health condition requiring treatment (with an active treatment plan) and renders the airman unable to meet retention or mobility standards in accordance with AFI 48-123, Medical Examinations and Standards, chapters 5 and 13.  

The applicant submitted a letter from the USAF Physical Evaluation Board (PEB) dated 8 Apr 12 reflecting she was unfit due to a physical disability.  

A complete copy of the AFPC/DPFA evaluation is at Exhibit G.  

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterates her original contention that her DD Form 214 should be consistent with the date she was disability retired.  

The applicant’s complete response is at Exhibit I.  

ADDITIONAL AIR FORCE EVALUATION:

ARPC/DPTS recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  If the Board agrees, the applicant’s DD Form 214, should be corrected to reflect a Date of Separation (DOS) of 29 Jul 12 due to retirement with a narrative reason for separation of Retirement Disability, Permanent.   

A complete copy of the ARPC/DPTS evaluation is at Exhibit J.  

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 17 Aug 16, for review and comment within 30 days (Exhibit K).  
As of this date, no response has been received by this office.  

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.  After carefully reviewing this application, we agree with rationale of the Air Force Offices of Primary Responsibility (OPRs) and agree with some of the recommendations expressed as the basis for our decision the applicant has been the victim of an error or injustice.  In this respect, we note the Air Force OPR advisories recommend the applicant’s records be corrected to reflect that she was continued on MEDCON orders for the period 19 Apr 12 to 29 Jul 12.  However, as noted earlier, the applicant contends that she should have remained on active duty until her medical retirement effective 29 Jul 12.  The Board had previously granted the applicant MEDCON for the period 19 Apr 12 – 20 Jul 12, so while her current request conflicts with the Board’s earlier decision, the applicant’s motivation is to have her records to show that she remained on active duty up until her medical retirement.  On 30 May 12, SAFPC determined the applicant should be medically retired and established her DOS, as 28 Jul 12.  We also note the applicant requests a DD Form 214, reflecting she was retired with a narrative reason for separation of Retirement, Disability Permanent for the period noted above.  Therefore, in order to remove any ambiguity as to the end date of her MEDCON orders, we recommend her records be corrected to show that she was on active duty for the purpose of medical continuation from 19 Apr 12 through 28 Jul 12, with the corresponding point credit, and issued a DD Form 214.  Accordingly we recommend her records be corrected as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

	a.  She was not released from active duty on 20 July 2012, but on that date was continued on active duty through 28 July 2012, for the purposes of medical continuation in accordance with Title 10, U.S.C. §12301(h).  

	b.  Her DD Form 214, Certificate of Release or Discharge from Active Duty, Block 12(a) Separation Date this Period, be corrected to reflect “28 July 2012” rather “20 July 2012,” Block 23, Type of Separation be corrected to reflect, “Retirement” rather than “Release from Active Duty,” and Block 28, Narrative Reason for Separation be corrected to reflect “Disability, Permanent” rather than “Completion of Required Active Service.”

The following members of the Board considered AFBCMR Docket Number BC-2013-03358 in Executive Session on 18 Oct 16, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit E.  Record of Proceeding, dated, 15 May 14, w/atch.
Exhibit F.  DD Form 149, dated 11 Jul 13, w/atchs.
	Exhibit G.  Memorandum, AFPC/DPFA, dated 12 Nov 15.
	Exhibit H.  Letter, AFBCMR, dated 17 Nov 15.
	Exhibit I.  Rebuttal, Applicant, dated 9 Dec 15, w/atchs.
	Exhibit J.  Memorandum, ARPC/DPTS, dated 8 Aug 16.
	Exhibit K.  Letter, AFBCMR, dated 17 Aug 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.
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