RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03704 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be placed on active duty [Medical Continuation (MEDCON)] orders from 15 November 2013 through 4 October 2014. APPLICANT CONTENDS THAT: He was placed on active duty orders on 2 May 2013 for a deployment to Southwest Asia. He returned home on 19 September 2013. On 23 September 2013, while on orders, he was involved in a traffic accident. There were seven victims, one of which was a fatality of a 12 year old boy. The impact of the crash and the seatbelt over his left shoulder resulted in the need for a fifth surgery to his shoulder. The ulner nerve in his left elbow was severely pinched causing his left arm to go numb. He was initially extended on active duty for 30 days due to the injury. He was told the Aeromedical Staging Squadron was supposed to process the paperwork to retain him on active duty; however, that did not happen and he was discharged from active duty and placed back into traditional Reserve status. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is a member of the Air Force Reserve serving in the grade of senior master sergeant. 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 through the disability evaluation system (DES). The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C. AIR FORCE EVALUATION: AFPC/DPFA recommends denial. The applicant returned from deployment on 18 August 2013. On 23 September 2013, while still on orders, he was involved in a motor vehicle accident. His orders were extended through 14 November 2013. The submitted documentation shows chronic left shoulder pain to include four surgeries and the injury was found to be existed prior to service-service aggravated. There is evidence of continued medical treatment from date of the accident through 3 June 2014; most recent surgery for in line of duty (ILOD) condition was 21 May 2014, allowed by a prescription for four weeks of post-operative physical therapy. There have been three separate ability restricting AF Form 469s issued since ILOD condition (1 November 2013 through 03 January 2014, 25 February 2014 through 25 April 2014, and 6 June 2014 through 4 October 2014). There is no indication that member had been returned to duty. The applicant is requesting active duty time, pay, and points from 14 November 2013 through 4 October 2014. The submitted documentation indicates the applicant would have been eligible for medical continuation orders; however, IAW MEDCON policy guidelines, para 3.1: Airmen who meet eligibility criteria for MEDCON orders must volunteer for retention or recall to duty under Title 10 USC, 2301(h) or the appropriate authority for RPA and USC Title 32. Additionally, para 4, REQUESTING MEDCON ORDERS: "Requests for MEDCON orders are submitted to the Air Reserve Component Case Management Division (ARC CMD) for validation, approval, and certification." There is no evidence within the submitted documentation, or at the ARC CMD, that a MEDCON request was submitted for this case. There is no evidence provided to highlight any type of administrative error by the government, nor is there any information pertaining to an appeal of any denials based on the information listed and contained within the applicant’s file. The applicant can receive medical care utilizing the LOD, Transitional Assistance Management Program or Tricare Reserve Select, as applicable. As an alternative, the applicant may be eligible for incapacitation pay which is administered by the ARC component and addressed in paragraph 9 of the SAF policy guidelines. The complete AFPC/DPFA evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 12 June 2015 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 error or 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 as there is no evidence the applicant submitted a request for MEDCON, we believe a preponderance of the evidence substantiates that corrective action is warranted. In this respect, we note the applicant has provided evidence that he was unable to perform duties and received continued care from the date of his injury, which was In the Line of Duty, through 4 October 2014. In view of this and in accordance with DoDI 1241.2, we find the applicant should not have been released from active duty on 14 November 2013 and recommend the 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 he was continued on active duty for the purpose of medical continuation for the period of 15 November 2013 through 4 October 2014. The following members of the Board considered AFBCMR Docket Number BC-2014-03704 in Executive Session on 22 July 2015 under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-03704 was considered: Exhibit A. DD Form 149, dated 18 Aug 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPFA, dated 17 Apr 15, w/atchs. Exhibit E. Letter, SAF/MRBR, dated 12 Jun 15.