RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03496 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be entitled to Medical Continuation (MEDCON) orders from 9 May to 23 Jun 14. APPLICANT CONTENDS THAT: Due to a new MEDCON request process, his medical condition, and lack of immediate access to civilian medical documentation, led to his medical unit experiencing a delay in processing his extension of his MEDCON orders. The units request for MEDCON days were denied two times because of the requirement for additional documentation and was resubmitted two times prior to being approved. He is entitled to a Medical Evaluation Board (MEB) and his case has been sent to the Air Force Personnel Center for determination of his condition. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: Based on the available evidence, the applicant, a captain and F-16 pilot, was serving on Extended Active Duty (EAD) Title 32 orders. According to documents provided by the applicant, a Line of Duty (LOD) Determination was started and he was placed on active duty orders from 18 Nov 13 – 8 May 14. On 4 Jun 14, at the age of 29, an MEB was conducted and the applicant was diagnosed with Grey Zone Lymphoma and after being entered into the Integrated Disability Evaluation System (IDES), his case was referred to the Informal Physical Evaluation Board (IPEB). On 24 Jun 14, the applicant’s request for extension on MEDCON was approved and he was placed back on active duty orders. On 5 Aug 14, the IPEB diagnosed the applicant with Category I, Grey Zone Lymphoma; Category II, None; Category III, None and his case was forwarded to the Department of Veterans Affairs (DVA) for a rating decision. On 25 Aug 14, as a result of the DVA determination, the IPEB diagnosed the applicant with Category I, Grey Zone Lymphoma; Category II, (1) Left Hand Neuropathy with Neuritis of the Cervical Spine Nerve Root (with Pain and Numbness); (2) Right Hand Neuropathy (with Pain and Numbness); (3) Degenerative Disc Disease of the Cervical Spine; (4) Tinnitus; (5) Gastroesophageal Reflux Disease (GERD) and recommended permanent retirement with a combined compensable disability rating of 100 percent. On 28 Aug 14, the applicant disagreed with the IPEB’s findings. On 14 Oct 14, the applicant, after consulting from military counsel, the applicant concurred with the findings of the IPEB. On 16 Oct 14, the Secretary of the Air Force Personnel Council (SAFPC) directed the applicant be permanently disability retired under the provisions of Title 10 United States Code (USC) 1201. On 27 Nov 14, the applicant was relieved from active duty and permanently retired with a compensable disability rating of 100 percent. He was credited with 6 years, 7 months, and 5 days of active service for retirement and 7 years, 5 months, and 28 days of service for pay. AIR FORCE EVALUATION: AFPC/DPFA recommends denial. DPFA notes that a Service Member (SM) may be eligible for MEDCON orders when an injury, illness, or disease is incurred or aggravated while serving on orders and that condition renders the airman unable to perform military duties. According to Secretary of the Air Force (SAF) MEDCON guidelines (Aug 2012) an airman may be eligible for MEDCON orders when an injury, illness, or disease is incurred or aggravated while serving on orders and that condition renders the airman unable to perform military duties. MEDCON eligibility requires a LOD determination and a finding by a credentialed military health care provider that the airman has an unresolved health condition requiring treatment and renders the airman unable to meet retention or mobility standards In Accordance With (IAW) AFI 48- 123, Medical Examinations and Standards, Chapters 5 and 13. The applicant received Air Force – funded MEDCON from 6 Sep - 27 Nov 14. The case was released because the applicant was medically retired. After a thorough review of the MEDCON related IT systems and files, there is no evidence the government committed an error or made a mistake with regards to the MEDCON request package. A review of the BCMR request package does not reveal any additional supporting documentation in support of a MEDCON package for the time highlighted in the DD Form 149. This lack of credible evidence does not support the applicant’s request for MEDCON orders or Reserve participation points based on injury. The applicant did become eligible for MEDCON 6 Sep 14; however, there is no justification supporting MEDCON any earlier than the approved start date. 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 13 Mar 15 for review and comment within 30 days (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. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error or injustice. While we note the comments of AFPC/DPFA indicating that relief should be denied because the applicant’s records contain no documentation substantiating the applicant’s contention that he should have been entitled to MEDCON orders, we believe a preponderance of the evidence substantiates that corrective action is warranted. In this respect, we note the applicant provides copies of orders that reflect that he was on active duty for medical continuation purposes from 18 Nov 13 – 8 May 14 and again from 24 Jun 14 – 5 Sep 14, as well as a supporting statements indicating that his unit was having difficulties in getting his extension request for MEDCON orders processed. Due to this, it seems more likely than not, that the applicant’s condition had not changed from 9 May – 23 Jun 14, and therefore, he should have been continued on MEDCON orders during that time. Therefore, we recommend the applicant’s 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 for the period 18 Nov 13 through 5 Sep 14, he was placed on active duty, for the purposes of medical continuation in accordance with Title 10, U.S.C. §12301(h). The following members of the Board considered AFBCMR Docket Number BC-2014-03496 in Executive Session on 2 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 12 Aug 14, w/atchs. Exhibit B. Pertinent Excerpts from Personnel Records. Exhibit C. Letter, AFPC/DPFA, dated 24 Feb 15. Exhibit D. Letter, SAF/MRBR, dated 13 Mar 15.