RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-02063
		
   						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He receive service points toward retirement for the period 28 Aug 14 through 15 Jan 15. 

APPLICANT CONTENDS THAT:

He should have been placed on medical continuation (MEDCON) orders when he returned from Cannon AFB, NM on 28 Aug 14.  Although he was placed on Incapacitation Status on that date, due to the length of time it took TRICARE to establish his treatment plan his MEDCON orders were delayed until 16 Jan 15, preventing him from receiving the participation points he should have earned during said period.   

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant served in the Air National Guard in the grade of Senior Master Sergeant during the issue under review.

On 23 Apr 13, while deployed to Bagram Air Base, Afghanistan, the applicant reported to the medical clinic on numerous occasions with urinary issues.  

On 12 Nov 13, the applicant’s condition was determined to be “in the line of duty.”  

Under National Guard Bureau Order Number Z5ZK4V, dated 7 Mar 14, the applicant was assigned to a non-contingency Military Personnel Appropriation (MPA) tour during the period 2 Mar 14 through 27 Aug 14.  During this period, he was diagnosed with bladder cancer.  

On 1 Oct 14, the applicant received an AF Form 469, Duty Limiting Condition Report, with mobility restrictions through 30 Dec 14.  

On 27 Aug 14, the applicant was furnished an honorable discharge, with a narrative reason for discharge of “release from active duty,” and was credited with 5 months and 26 days of active service for this period.

According to the documentation submitted by the applicant, he applied for MEDCON orders beginning on 28 Aug 14, but was denied because “there is no medical treatment plan identified in AHLTA.”  

On 8 Dec 14, the applicant underwent surgery.  

On 30 Apr 15, the applicant was issued an NGB Form 22, with a reason of “transfer to the USAF Retired List—AGR Only//20 years or more of TAFMS//Not Age 60,” and was credited with 25 years, 11 months, and 13 days of total service for retired pay.  

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 granting the applicant’s request, indicating there is evidence of an error or injustice.  In accordance with (IAW) AF MEDCON guidelines (Aug 2012), 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.  IAW AFI 48-123, Medical Examinations and Standards, 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 which renders the Airman unable to meet retention or mobility standards.  The applicant was diagnosed with bladder and prostate cancer.  Previous MEDCON orders covered the period 2 Mar 14 through 27 Aug 14.  Pre-MEDCON orders should have been approved covering the period 28 Aug 14 through 26 Sep 14.  MEDCON orders should be denied 27 Sep 14 through 7 Dec 14 because documentation only shows the applicant had appointments/consultations but no active treatment.  MEDCON orders would have been approved again during the period 8 Dec 14 through 15 Jan 15 due to schedule surgery.  

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 2 Dec 15 for review and comment within 30 days (Exhibit E).  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.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of AFPC/DPFA and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  While the applicant requested service credit covering the period 28 Aug 14 through 15 Jan 15, the Board concurs with the opinion of AFPC/DPCA that during the period 27 Sep 14 through 7 Dec 14 any request for MEDCON orders would have be denied because his medical documentation only shows he had appointments/consultations but no active treatment during that period.  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 he was issued orders to serve on active duty for the purpose of medical continuation (MEDCON) during the periods 28 August 2014 through 26 September 2014 and 8 December 2014 through 15 January 2015.

The following members of the Board considered AFBCMR Docket Number BC-2015-02063 in Executive Session on 24 Feb 16 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 19 Mar 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFA, dated 10 Nov 15.
	Exhibit D.  Letter, SAF/MRBR, dated 2 Dec 15.