RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04906 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to reflect that he was on Medical Continuation (MEDCON) orders from 5 April 2014 to 15 May 2014. APPLICANT CONTENDS THAT: He was injured in the Line of Duty (LOD) on 4 April 2014 and administrative action was initiated to continue his active duty orders in a MEDCON status. His unit made numerous attempts to process the MEDCON request. However, due to an incomplete LOD determination at the time his MEDCON was initiated, his MEDCON request was denied. In support of his request, the applicant provides copies of a letter from his LOD Manager, dated 21 November 2014, stating a pre-MEDCON package was submitted on behalf of the applicant for the period 5 April 2014 through 15 May 2014. The LOD manager also states the applicant signed a MEDCON letter of acknowledgment on 11 April 2014, to remain on active duty status while receiving medical care for the injuries he sustained as a result of a motor vehicle accident. However, due to a break in the initial active duty orders a finalized LOD was required. The applicant also provides a copy of AFRC IMT 348, Informal Line of Duty Determination, dated 30 July 2014 and various other documents associated with his request. 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 senior master sergeant (E-8). According to AFRC IMT 348, provided by the applicant, on 4 April 2014, he was involved in a head on motor vehicle accident, which was found in the LOD by the approval authority. He was in active duty status from 19 March 2014 to 4 April 2014. The applicant’s AF Form 469, Duty Limiting Condition Report, dated 14 May 2014, reflects “not world-wide qualified, home base station only.” His duty restrictions directed “no duty from 8 April 2014 to 22 April 2014.” In a document dated 5 May 2014, a civilian medical provider requested the applicant be excused from work through 15 May 2014, which was approved by a military physician on 15 May 2014. AIR FORCE EVALUATION: AFPC/DPFA recommends denial indicating there is no evidence of an error or an injustice. A service member 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 AFI 48- 123, Medical Examinations and Standards, Chapters 5 and 13. A thorough review of MEDCON related systems and files found no evidence the government committed an error or made a mistake with regards to the applicant’s MEDCON request package. A review of the applicant’s submission to the Board 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 points based on injury. However, the applicant is eligible to receive care for the injury incurred in the line of duty at any military treatment facility. A complete copy of the DPFA evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: According to MEDCON guidelines an airman may be eligible for MEDCON orders during injury/illness/disease while serving on active duty orders and that condition renders the airman unable to perform military duties. He meets these requirements because of the car accident he was involved in on 4 April 2014, while he was on active duty orders. He was transported to an emergency room and was seen by civilian and military doctors for his injuries and the recovery of those injuries. The doctors provided documentation that his condition would require treatment and that he would be temporarily unable to meet retention and mobility standards in accordance with AFI 48-123. This documentation further states that he would not be able to perform his civilian job to his employer’s satisfaction, which required him to take unpaid medical leave from his civilian job. In further support of his request, the applicant provides a copy of the finalized LOD, dated 30 July 2014, indicating he was involved in a head on auto collision while driving home from March AFB on 4 April 2014, and sustained injuries that were in the LOD. The applicant’s complete response, with attachments, is at Exhibit E. 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 the Air Force office of primary responsibility recommends denial due to a lack of credible evidence. However, it appears that through no fault of the applicant, the LOD determination, which should have been initiated in April 2014, was not initiated until 13 May 2014. The finalized LOD dated 30 July 2014, confirms that the applicant’s injuries he sustained on 4 April 2014 were in the LOD. Therefore, it is our opinion that in order to resolve the injustices he has suffered, his record should be corrected to show that he was on MEDCON orders from 5 April 2014 through 15 May 2014. Accordingly, we recommend the applicant’s records be corrected as set forth 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 4 April 2014, he submitted a request for MEDCON orders effective 5 April 2014 to 15 May 2014, which competent authority approved. The following members of the Board considered AFBCMR Docket Number BC-2014-04906 in Executive Session on 1 September 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-04906 was considered: Exhibit A. DD Form 149, dated 20 November 2015, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPFA, dated 14 July 2015. Exhibit D. Letter, SAF/MRBR, dated 31 July 2015. Exhibit E. Letter, Applicant undated, w/atch.