RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04411 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her Title 10 Military Personnel Appropriation (MPA) active duty orders for the period of 1 October 2010, through 30 September 2011 be amended to show the she was continued on active duty Medical Continuation (MEDCON) orders until 31 December 2012. ________________________________________________________________ APPLICANT CONTENDS THAT: Her orders should have been continued while her Line of Duty (LOD) determination was being processed. Her Air Force Reserve medical unit said they were the only ones who could process her continuation orders; however, they failed to follow through. After many months of being told this would be fixed, she was told the only way for correction was to file an AFBCMR application. In support of her request, the applicant submits copies of her AF IMT 938, Request and Authorization for Active Duty Training/Active Duty Tour, dated 10 November 2010, for the period of 15 November 2010 through 31 December 2010, with corresponding MPA Order and amendments through 14 January 2011, 13 May 2011, and 30 September 2011, AF Form 469, Duty Limiting Condition Report, DD Form 2870, Authorization for Disclosure of Medical or Dental Information, dated 5 October 2011, Otolaryngology report, and supporting email correspondence. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Air Force Reserve in the grade of Major, O-4. Additional relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. Accordingly, there is no need to recite these facts in this portion of the Record of Proceedings. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFA recommends approval. DPFA states that the applicant served on active duty, Title 10 U.S.C., orders from 15 November 2011 until 30 September 2011. During that assignment, the applicant was diagnosed with a severe medical issue, which required extensive medical care. The medical condition was determined to be in the line of duty (ILOD) as validated by AFRC IMT 348, Informal Line of Duty Determination, approved by the AFRC/CV on 9 March 2012. At the completion of the applicant’s active duty tour on 30 September 2011, she was released from her orders while still receiving treatment for her medical condition. The applicant should not have been removed from active duty orders once the medical condition was identified in accordance with (IAW) law and regulations. The applicant should have been continued on orders until the Line of Duty (LOD) determination was complete, and then she would have been eligible for medical continuation orders. The applicant has acted in good faith and IAW all directives. The complete AFPC/DPFA evaluation, with attachments, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 3 March 2014 for review and comment within 30 days (Exhibit C). To date, a response has not been received. ________________________________________________________________ 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 error or injustice. After considering the totality of the evidence before us, we are persuaded that relief is warranted in this case. In this regard, we agree with the Air Force Office of primary responsibility that in accordance with DoDI 1241.2 Reserve members on orders for more than 30 days who incur a condition in the line of duty that renders them unfit for military duty will be retained on active duty orders until they are either found fit for duty or separated via the disability evaluation system (DES). In view of this and since the applicant was on such orders at the time of her medical condition, which was determined to be ILOD, she should have been retained on active duty until the final disposition of her medical processing occurred. Therefore, the applicant’s record should be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that she was not released from active duty on 30 September 2011, but was continued on active duty until 31 December 2012. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 22 May 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-04411 was considered: Exhibit A. DD Form 149, dated 20 August 2013, w/atchs. Exhibit B. Letter, AFPC/DPFA, dated 29 January 2014, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 3 March 2014.