RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-02463
		
						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

Her records be corrected to reflect she was not released from active duty on 4 May 2014, but continued to serve on active duty for the purpose of medical continuation (MEDCON) until 27 June 2015.  

She be reimbursed for medical premiums, dental premiums, and co-payments expended during the period of 4 May 2014 through 27 June 2015.  

APPLICANT CONTENDS THAT:

She was denied continuation on active duty and the prompt review of several pending line of duty (LOD) determinations.  As a result, she was unjustly and unfairly denied pay, allowances, and benefits for diseases and injury incurred while in the line of duty.  Since her release, she has suffered financially and have been unable to work due to her medical and duty limiting conditions.  

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

STATEMENT OF FACTS:

The applicant’s military personnel records indicate she served in the Air National Guard (ANG) in the grade of lieutenant colonel (0-5) during the matter under review.  

On 1 October 2011, the applicant commenced a period of active duty for the purpose of a Non-contingency MPA Tour until 30 September 2012.  

On 1 October 2012, the applicant commenced a period of active duty for the purpose of a Non-contingency MPA Tour until 30 September 2013.  

On 17 May 2013, an AF Form 469, Duty Limiting Condition Report, was initiated that placed duty and mobility restrictions upon the applicant, until 16 May 2014.  

On 10 July 2013, two (2) AF IMT 348, Informal Line of Duty Determinations, were initiated for the review of the applicant’s following conditions:  Asthma and Sleep Apnea.  The applicant’s commander recommended her conditions be found in the line of duty, the Staff Judge Advocate (SJA) concurred, and the appointing authority found the conditions to be in the line of duty.  

On 1 October 2013, the applicant commenced a period of active duty for the purpose of a Non-contingency MPA Tour until 3 April 2014.  

On 20 March 2014, a DD Form 261, Report of Investigation Line of Duty and Misconduct Status, was initiated in regards to the applicant’s medical diagnosis of Obstructive Sleep Apnea.  The final approving authority found the applicant’s diagnosis to be in the line of duty.  

On 27 March 2014, six (6) AF IMT 348 were initiated for the review of the applicant’s following conditions:  Bilateral Acromioclavicular Joint Arthritis, Gastroesophageal Reflux Disease, Bilateral Patellofemoral Chondrosis/Osteoarthritis, Ureteral Injured During Right Adnexal Mass Excision, Facet Arthropathy/Degenerative Disc Disease, and Migraine/Brain magnetic Resonance Imaging Abnormalities.  

On 4 April 2014, the applicant commenced a period of active duty in support of Operation ENDURING FREEDOM, until 3 May 2014.  

On 7 April 2014, a DD Form 261, was initiated in regards to the applicant’s medical diagnosis of Asthma.  The final approving authority found the applicant’s diagnosis to be in the line of duty.  

On 10 April 2014, an AF IMT 348, was initiated for the review of the applicant’s condition of Plantar Fasciitis and Osteoarthritis.  

On 23 April 2014, an AF Form 469, was initiated that placed duty and mobility restrictions upon the applicant, until 23 April 2015.  

On 2 May 2014, the applicant’s unit commander recommended her conditions that were initiated for review on 27 March 2014 and 10 April 2014, be found in the line of duty.  The SJA concurred with the recommendation and the appointing authority found the applicant’s conditions to be in the line of duty.  

On 29 May 2014, the Wing SJA determined through a supplemental review of the applicant’s LODs, that there was no evidence to change the previous determination of legal sufficiency.  

On 30 May 2014, the Air-State SJA found the eight (8) Line of Duty Determinations dated 17 March 2014 to be related to a variety of medical conditions that the applicant has been treated for while in an official Air Force Duty Status.  These conditions ranged in date from 2004 through 2008 and there was no evidence to demonstrate misconduct on part of the applicant.  

On 30 July 2014, six (6) DD Form 261, were initiated in regards to the applicant’s medical diagnosis of Bilateral Acromioclavicular Joint Arthritis, Bilateral patellofemoral chondrosis/Osteoarthritis, Degenerative Disc Disease, Plantar Fasciitis Osteoarthritis, Migraine headache and abnormal MRI findings High Flare signal lesions in Subcortical and periventricular white matter, and Gastro Esophageal Reflux Disorder (GERD).  The final approving authority found the applicant’s diagnosis to be in the line of duty.  

An undated Family Nurse Practitioner and Family Practice Physician’s Narrative Summary (NARSUM) indicated the applicant was non-deployable, her conditions currently limited her ability to do her job, and her prognosis was unknown.  

On 23 January 2015, the applicant acknowledged receipt of her Medical Evaluation Board (MEB), MEB NARSUM and Integrated Disability Evaluation System (IDES) process.  She did not request an impartial review of her MEB.  

On 31 March 2015, a MEB convened to consider the applicant for continued active duty.  The applicant was diagnosed with asthma, Obstructive Sleep Apnea, Headaches, and Chronic Low Back Pain, with the approximate dates of origin on 5 January 2013, 5 January 2013, 1 February 2012, and 1 July 2013, respectively.  The MEB recommended the applicant be referred to an Informal Physical Evaluation Board (IPEB).  

On 1 April 2015, the applicant acknowledged that she was briefed on the Disability Evaluation System (DES) process, she could request an Air Force physician or other appropriate health care professional (not involved in his MEB process) to offer an impartial review of the medical evidence, if so desired.  

On 3 April 2015, an IPEB was convened which found the applicant unfit for duty due to her cervical neck pain resulting in headaches and chronic low back pain.  Her conditions of asthma and obstructive sleep apnea were found to be not currently unfitting.  The IPEB recommended to wait for the Department of Veterans Affairs (DVA) ratings.  

On 5 May 2015, upon receipt of the DVA ratings, an IPEB convened which found the applicant unfit for duty due to her cervical neck pain resulting in headaches and chronic low back pain, and recommended she be permanently retired with a combined compensable disability rating of 80 percent.  

On 12 May 2015, the applicant agreed with the findings and recommended disposition of the IPEB and waived her right to a Formal PEB hearing.  

On 12 May 2015, the Secretary of the Air Force directed the applicant be permanently retired under the provisions of 10 USC 1201.  

On 27 June 2015, the applicant was relieved from active duty and permanently retired for disability with a compensable disability rating of 80 percent, effective 28 June 2015.  She was credited with 16 years, 9 months, and 18 days total active service for retirement.  

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.  The applicant’s request for MEDCON orders from 4 May 2014 through 27 June 2015 should be granted to include all Total Active Federal Military Service (TAFMS) credit, points, and pay allowances.  
 
In accordance with (IAW) Air Force Instruction (AFI) 36-2910, Line of Duty (LOD) Determination, Medical Continuation (MEDCON), and Incapacitation (INCAP) Pay, the MEDCON guidelines indicate an 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.  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 IAW AFI 48-123, Medical Examinations and Standards.  

On 17 May 2013, an AF Form 469, Duty Limiting Condition Report, was issued with a Code 31 (Medical Deferment), Duty/Mobility Restricted, with a release date of 16 May 2014.  She should have had an Initial Review in Lieu of (IRILO) of Medical Evaluation Board (MEB) by the release date, but the unit was waiting for her LODs to be finalized before submitting a MEDCON package.  

On 23 April 2014, the applicant was issued another AF Form 469, Code 31, with a release date of 23 April 2015.  

The applicant’s case was reviewed by a MEDCON Medical Case Manager (MMCM).  It was determined the applicant was on Title 10 Military Personnel Appropriation (MPA) orders from 1 October 2013 through 18 June 2014.  She had eight Line of Duty (LOD) determinations to be found in the line of duty and one LOD existed prior to service with service aggravation.  The applicant had three LODs finalized prior to her orders ending and the rest were not finalized until 30 July 2014.  

The applicant reported her injury, sought treatment and followed medical recommendations appropriately.  While there is no evidence that the applicant applied for MEDCON orders prior to and/or during the period of 4 May 2014 through 27 June 2015, she would have met the criteria as outlined in the SAF MEDCON Policy Guidelines for Wounded, Ill, and Injured (WII) Air Reserve Component (ARC) Airman.  Specifically, the criteria indicates the following (1) there is an individual treatment plan approved by a credentialed military provider based on occupational medicine guidelines and peer-reviewed recovery timelines that includes the expected duration of the impairment and (2) a signed DD Form 2870, Authorized for Disclosure of Medical or Dental Information.  

The applicant may have been eligible for MEDCON orders related to her In Line of Duty (ILOD) condition.  The first outlined criteria was partially met.  Although there was no medical documentation other than the submitted narrative summary for a Medical Evaluation Board (MEB), the applicant was briefed by her Physical Evaluation Board Liaison Officer (PEBLO) and officially entered into Integrated Disability Evaluation System (IDES).  In addition, the Armed Forces Health Longitudinal Technology Application (AHLTA) shows the applicant had continued care for a chronic LOD condition (Asthma at that time).  Lastly, she was also under the care of civilian providers for multiple chronic LOD conditions.  The applicant did not meet the second criteria of having a signed DD Form 2870.  

The above criteria for MEDCON orders that was partially met and the one that was not met are administrative issues.  They would have been corrected when the applicant applied for MEDCON orders and had she been placed on MEDCON orders, it would have been updated accordingly.  

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 18 February 2016 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 with respect to the applicant’s request for medical continuation (MEDCON) orders.  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 office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  With regard to the applicant’s request for reimbursement of premiums and co-payment expenditures, we believe that placing the applicant on MEDCON orders from 4 May 2014 through 27 June 2015 to include all Total Active Federal Military Service (TAFMS) credit, points, and pay allowances is proper and fitting relief.  Accordingly, we recommend the applicant’s records be corrected as indicated below.  

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that she was not released from active duty on 3 May 2014 but was continued on active duty until 27 June 2015, for the purpose of medical continuation in accordance with Title 10, U.S.C. § 12301(h).  

The following members of the Board considered AFBCMR Docket Number BC-2015-02463 in Executive Session on 2 June 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-2015-02463 was considered:

	Exhibit A.  DD Form 149, dated 8 June 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFA, dated 29 January 2016.
	Exhibit D.  Letter, AFBCMR, dated 18 February 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.