RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-02068
		
 						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His active duty orders for Medical Continuation (MEDCON) be amended to include the dates of 9 January 2015 to 4 May 2015.   

APPLICANT CONTENDS THAT:

He sustained an injury while on Military Personnel Appropriation (MPA) orders.  He requested MEDCON orders effective 9 January 2015 for convalescent leave and surgery.  However, the order was delayed pending the Line of Duty (LOD) determination.  The LOD was approved on 25 February 2015.

His request for MEDCON orders was delayed due to additional administrative requirements that were outside of his control.  The order was not approved until 8 May 2015 with a start date of 5 May 2015.  Per policy, the ARC Case Management does not have authority to back date orders.  He was advised to submit an application to the Board.

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

STATEMENT OF FACTS:

The applicant is in the Air Force Reserve currently in the grade of Technical Sergeant (TSgt, E-6).  

The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, reflects he entered this period of active duty on 14 May 2013 and was released from active duty on 24 January 2014. 

AFI 36-2910, Line of Duty (LOD) Determination, Medical Continuation (MEDCON) and Incapacitation (INCAP) Pay, states MEDCON eligibility requires an LOD determination and a finding by a credentialed military medical provider that the member has an unresolved health condition requiring treatment that renders the member unable to meet retention or mobility standards.  The Chronological Record of Medical Care dated 25 January 2015 reflects the applicant provided a medical disability certificate issued from Fallbrook-Temecula Valley Orthopedic Associates dated 9 January 2015.  

According to an AF Form 469, Duty Limiting Condition Report, dated 6 January 2015, the applicant was determined not world-wide qualified and restricted to administrative duties only at home station through 15 June 2015.   

Per AFRC IMT 348, Informal Line of Duty Determination, dated 24 January 2015, the applicant’s right shoulder injury sustained while on a period of active duty from 23 May 2013 to 23 January 2014 was found in the LOD on 25 February 2015.  

In a memorandum dated 14 May 2015, the Line of Duty Manager, states the applicant’s request for MEDCON orders initiated on 20 January 2015 was approved on 8 May 2015 with a start date of 5 May 2015.  

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 approval of MEDCON orders, military pay and points covering the period of 9 January 2015 to 4 May 2015.   

According to the Secretary of the Air Force (SAF) MEDCON guidelines, an airman may be eligible for MEDCON orders when an injury, illness or disease 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 (with active treatment plan) and renders the airman unable to meet retention or mobility standards in accordance with AFI 48-123, Medical Examinations and Standards. 

The applicant’s case was reviewed by a MEDCON Medical Case Manager who validated the applicant was injured in the LOD while on MPA orders and that the applicant’s injury was found in the LOD with wing commander approval on 25 February 2015.  The applicant injured his right shoulder while working out during deployment.  He reported his injury on his post deployment health assessment and had an MRI in March 2014.  Surgery on his right shoulder was performed on 22 January 2015.  The initial MEDCON request was submitted on 24 March 2015 but was returned for lack of documentation.  The applicant may have been eligible for the initial MEDCON request related to the in the LOD condition if the administrative criteria per the SAF MEDCON Policy Guidelines would have been met.  

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 12 Nov 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.  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 the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  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 he was placed on active duty, for the purpose of medical continuation, for the period of 9 January 2015 to 4 May 2015, in accordance with Title 10, U.S.C. § 12301(h).	 

The following members of the Board considered AFBCMR Docket Number BC-2015-02068 in Executive Session on 3 May 2016  under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02068 was considered:

	Exhibit A.  DD Form 149, dated 14 May 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFA, dated 6 November 2015
	Exhibit D.  Letter, AFBCMR, dated 12 November 2015.