RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02005 XXXXXXXXXX (DECEASED) COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be placed on Medical Continuation (MEDCON) orders from 10 Jan 14 through 4 May 14. APPLICANT CONTENDS THAT: He requested MEDCON orders prior to his Military Personnel Appropriation (MPA) order end date. However, the MEDCON package submitted by the medical point of contact was not validated by Air Force Reserve Command (AFRC) and the Line of Duty (LOD) was not finalized. In support of his request, the applicant provides copies of AF Forms 938, Request and Authorization for Active Duty Training/Active Duty Tour; AF Form 469, Duty Limiting Condition Report LOD timeline, and various other documents associated with his request. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to AF Form 938, dated 12 Dec 13, the applicant was ordered to active duty for the period 11 Dec 13 through 9 Jan 14 under Title 10, United States Code (USC), section 12301. According to AF Form 469, dated 6 Jan 14, the applicant was placed on duty/mobility restrictions for the period 6 Jan 14 through 6 Jan 15. According to AFRC IMT 348, Informal LOD Determination, dated 9 Jan 14, an Informal LOD was initiated. The medical officer diagnosed the applicant with a disease (malignant neoplasm of lymphoid and histiocytic right colon mass, High Grade B cell lymphoma.); Existed Prior to Service (EPTS) - No. The AFRC IMT 348 also indicated that the applicant had been on active duty status since 2001 with no break in service until Nov 12 and had no family history of cancer. On 10 Jan 14, the group commander indicated that due to the unit commander’s unavailability, he concurred with the diagnosis and opinion of the medical officer that the applicant’s condition did not EPTS. However, he selected “EPTS- LOD not applicable” as the recommended finding. On 21 Jan 14, the Staff Judge Advocate (SJA) non-concurred with the commander’s recommended finding of “EPTS-LOD not applicable” and determined the applicant’s disease to be In the Line of Duty (ILOD). On 31 Jan 14, the appointing authority agreed with the recommended ILOD finding and recommended the case be forwarded to the AFRC LOD Board. On 25 Mar 14, the AFRC LOD Board concurred with the appointing authorities ILOD finding. On 15 Apr 14, the applicant’s disease was determined to be ILOD. AIR FORCE EVALUATION: AFPC/DPFA recommends denial. The applicant’s request for MEDCON did not comply with the Secretary of the Air Force (SAF) MEDCON policy at the time of submission nor is there any evidence the government made a mistake. According to the Command Mad-Day Allocation System (CMAS) the applicant was on MEDCON orders with a tour start date of 28 May 14 and tour end date of 25 Jul 14. On 8 Jan 14, the applicant’s original request for MEDCON was submitted to avoid a break in service. According to paragraph 4.4 of the 15 Aug 12, SAF MEDCON Policy Guidelines, part of a valid MEDCON application must include at least an interim LOD for a member who has not experienced a break in orders. The LOD submitted on 8 Jan 14, was complete through block 5, Medical Officer Signature. Per AFI 36-2910, LOD Determination, dated 4 Oct 02, paragraph 3.5.1.1, an interim LOD is comprised of the completed medical portion of the AF Form 348 and the unit commander’s preliminary finding as well as his signature. Because the originally submitted AF Form 348 did not contain the unit commander’s signature, it did not comply with the definition of an interim LOD within AFI 36-2910 and the applicant’s MEDCON package was returned without action. On 10 Jan 14, the day after his original MPA order ended, his package was re-submitted, with both the medical portion and the commander’s preliminary findings completed. Of note, the commander marked the “EPTS-LOD not applicable” box on the AF Form 348; however, the verbiage within the AF Form 348 can be interpreted as the commander supporting a finding of ILOD. Since the applicant’s orders ended the day prior, 9 Jan 14, the MEDCON application was disapproved. The basis for the disapproval was in accordance with paragraph 4.5 of the 15 Aug 12, SAF MEDCON Policy Guidelines that require an airman with a break in service to submit a finalized LOD. If the Board choses to grant relief then it should correct the applicant’s records to reflect military service/MEDCON from 10 Jan 14 through 27 May 14. The complete DPFA evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 18 Jun 15, for review and comment within 30 days (Exhibit D). 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 injustice. We note that DPFA recommends denial of the applicant’s request for MEDCON because the AF Form 348 did not contain the unit commander’s signature. However, as pointed out by DPFA, other than the signature, the applicant met all the other medical requirements for MEDCON. The only reason he was denied benefits was because of administrative delays in processing the line of duty determination. As such, we believe the applicant has suffered an injustice. Although the applicant requests MEDCON for the period 10 Jan 14 to 4 May 14, we recommend MEDCON from 10 Jan 14 to 27 May 14, in order to remove the break in service in his record. Accordingly, we recommend the applicant’s records be corrected to the extent 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 on 8 January 2010, he submitted a request for MEDCON orders effective 10 January 2014 through 27 May 2014, which competent authority approved. ? The following members of the Board considered AFBCMR Docket Number BC-2014-02005 in Executive Session on 22 Jul 15, 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 A. DD Form 149, dated 21 Apr 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPFA, dated 11 May 15. Exhibit D. Letter, SAF/MRBR, dated 18 Jun 15.