RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-00636 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He receive medical continuation (MEDCON) orders for the period 10 Nov 12 to 25 Feb 15, and receive retroactive back pay, time and grade. APPLICANT CONTENDS THAT: While in basic military training (BMT) he injured his lower back and right knee. While he sought and received medical treatment at BMT and technical training school, he should have been placed on MEDCON orders after completing his technical training and returning to his home unit. He additionally notes he is unemployable due to the injuries he incurred while on active duty. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 28 Sep 11, the applicant commenced his enlistment in the Air National Guard (ANG). According to documents extracted from his military personnel record (MPR), the applicant was ordered to active duty from 22 May 12 through 10 Nov 12, for the purpose of attending Basic Military Training (BMT) and the Fire Protection Apprentice, Technical Training School (TTS). According to the applicant while he was in BMT he injured his lower back and right knee. Per special order AC-1000031, the applicant was on active duty orders at his unit of assignment for the purpose of “seasoning training” from 26 Nov 12 through 25 Jan 13, and 26 Jan 13 through 25 Mar 13. On 18 Jan 13, a line of duty (LOD) determination was initiated for the applicant’s right medial meniscus tear. On 3 Feb 13, his injury was determined to be In Line of Duty (ILOD). AF Form 469, Duty Limiting Condition Report, dated 27 Mar 14, notes the applicant was mobility/duty restricted until 12 Mar 15. According to documentation provided by the applicant it appears he received Incapacitation (INCAP) pay from Jun 13 to Dec 13. On 14 May 14, a LOD determination was initiated for the applicant’s sacroiliac sprain ligament, muscle-myalgia and myositis, and muscle weakness. In Jun 14, the applicant’s injuries were determined to be ILOD. The documentation provided by the applicant further indicates he received INCAP pay from Jan 14 to Jun 14. On 30 Jul 14, the applicant underwent a Medical Evaluation Board (MEB) for his chronic low back pain with associated right hip and right medial meniscus tear. The MEB recommended forwarding the case to the Integrated Disability Evaluation Systems (IDES). On 3 Sep 14, a LOD determination was initiated for the applicant’s depression. It was noted “Although member reports that these symptoms are connected/related to his injury sustained during military service, the member was not diagnosed or treated with depression while in military status and has not been on active military status since 15 May 2013. It is the attending physician’s professional medical opinion this occurrence be deemed “Administrative - LOD Not Applicable.” On 21 Oct 14, the IDES found the applicant unfit and forwarded his case to the Department of Veterans Affairs (DVA) for rating decision. The DVA found the applicant unfit and recommended permanent disability retirement (PDR). On 17 Dec 14, the Informal Physical Evaluation Board (IPEB) found the applicant unfit and recommended PDR with a 50 percent disability rating. On 7 Jan 15, the applicant concurred with the findings and recommendation of the IPEB and waived his right to a formal PEB hearing. On 26 Feb 15, the applicant was permanent disability retirement with a 50 percent disability rating. He was credited with one year and seven days of active service. 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 indicating there is no evidence of an error or an injustice. After reviewing the Command Man-day Allocation System which is used for coordination of Title 10 MEDCON requests, there is no evidence the applicant submitted a MEDCON package. A review of the case management system did not reflect any evidence of a MEDCON requests or submission by the applicant. Additionally, there is no evidence or documentation highlighting errors, mistakes or administrative delays pertaining to this case which may have contributed to a delay or lack of submission request for MEDCON. According to documents provided within the BCMR package, although the documents are incomplete, it appears the applicant received incapacitation (INCAP) pay from Jun 13 to Dec 13, as well as Jan 14 to Jun 14. The INCAP pay paperwork submitted was signed by the unit commander and the applicant also provided extension requests for INCAP pay. The applicant provided Line of Duty (LOD) determinations for three medical conditions, however, the LODs were not completely filled out, specifically within block 19 of the LOD paperwork. There is a LOD dated 21 Dec 12, highlighting an injury date of 25 May 12 and treatment date of 6 Jun 12. Additionally, the applicant provided one AF Form 469, Duty Limiting Condition Report dated 27 Mar 14, which stated he was mobility/duty restricted until 12 Mar 15. According to SAF MEDCON guidelines, MEDCON is a voluntary program, and Airmen 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 service member unable to perform their military duties. MEDCON eligibility requires a Line of Duty (LOD) determination and a finding by a credentialed military health care provider that the Airman has an unresolved health condition requiring treatment (with active treatment plan) and renders the Airman unable to meet retention or mobility standards. In accordance with MEDCON policy, service members are required to submit MEDCON application within 60 days of injury. In this case, the applicant has failed to submit an application for MEDCON, therefore, the applicant is ineligible for MEDCON. Additionally, the applicant, according to documentation provided, was receiving INCAP pay based on highlighted injuries, therefore the applicant would not be eligible for MEDCON. The applicant did not provide documentation highlighting an error by the government, nor any administrative delays due to this issue. Based on his disability retirement order he may be eligible for care through the Veterans Administration. A complete copy of the AFPC/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 11 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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After a thorough review of the evidence of record, we see no evidence of error or impropriety in the applicant’s disability retirement process and are not persuaded by the applicant’s contentions, that he has been the victim of an injustice. It appears the applicant’s medical case was properly evaluated under the appropriate Air Force regulations. Additionally, documents submitted by the applicant indicate he received medical treatment as well as compensation in the form of incapacitation pay. Medical Continuation orders would have been appropriate only if the applicant’s treatment and recovery periods were 30 days or more. In our opinion, the detailed comments provided by the Air Force office of primary responsibility adequately address these allegations. Therefore, we adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Accordingly, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. The following members of the Board considered AFBCMR Docket Number BC-2015-00636 in Executive Session on 7 Oct 15, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2015-00636 was considered: Exhibit A. DD Form 149, dated 11 Feb 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPFA, dated 1 May 15. Exhibit D. Letter, SAF/MRBR, dated 11 Jun 15.