RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-02477
		
 						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He be granted Medical Continuation (MEDCON) orders for the period of 24 September 2012 to 21 February 2013.

APPLICANT CONTENDS THAT:

He sustained an injury to his right shoulder while on military duty.  On 24 September 2012, he had surgery at Balboa Naval Hospital due to the injury.  As a result of the surgery, he was unable to perform his civilian duties from 24 September 2012 to 21 February 2013 and used his personal sick and vacation leave in order to receive his full pay.  This would not have been required if he had been on MEDCON orders.  

In support of his request, the applicant provides e-mail communique with his Military Treatment Facility (MTF) requesting status of his MEDCON orders.  

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

STATEMENT OF FACTS:

The applicant is in the Air Force Reserve in the grade of Master Sergeant (MSgt, E-7).  

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 B.

AIR FORCE EVALUATION:

AFPC/DPFA recommends approval of MEDCON orders, military pay and points for the periods of 24 September 2012 to 21 February 2013 and 16 January 2015 to 1 March 2015.   Per AFI 36-2910, Line of Duty (LOD) Determination, Medical Continuation (MEDCON) and Incapacitation (INCAP) Pay, MEDCON eligibility requires a LOD determination and a finding by a credentialed military health care provider highlighting that the service member has an unresolved health condition requiring treatment which renders them unable to meet retention or mobility standards in accordance with AFI 48-123, Medical Examinations and Standards.  In this case, the applicant’s request is valid and he would have been eligible for MEDCON.   

The applicant had his first surgery on his right shoulder on 24 September 2012 and was unable to perform military duties from 24 September 2012 to 21 February 2013.  His second surgery was on 16 January 2015.  The applicant has a long history of profiles.  His AHLTA (electronic medical records) includes a pre-operation note for surgery dated 24 September 2012.  A 3 October 2012 post-operation note reflects complications with surgery and that the applicant was an in-patient, the number of days is unclear.  The orthopedic post-operation documents dated 22 October and 21 November 2012 reflect the applicant had further treatment and complications.  On 21 November 2012 he had a referral to the emergency room.  ARC Command has documentation of approval of MEDCON orders from 18 March 2015 to 22 July 2015; however, due to administrative issues of orders not being cut, the applicant returned to work because of financial hardship.  

A complete copy of the AFPC/DPFA evaluation is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 8 January 2016 for review and comment within 30 days (Exhibit C).  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 periods of 24 September 2012 to 21 February 2013 and 16 January 2015 to 1 March 2015, in accordance with Title 10, U.S.C. § 12301(h).	 

The following members of the Board considered AFBCMR Docket Number BC-2015-02477 in Executive Session on 10 March 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 was considered:

	Exhibit A.  DD Form 149, dated 20 April 2015, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPFA, dated 29 December 2015.
	Exhibit C.  Letter, AFBCMR, dated 8 January 2016.