RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-02851

  						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

1.  His Medical Continuation (MEDCON) orders starting 22 Dec 14 [sic] be backdated to 1 Oct 13. 

2.  His AF Form 469, Duty Limiting Condition Report, be backdated to reflect an effective date of 1 Oct 13.  

3.  His Total Federal Active Duty Points be updated to reflect active duty from 1 Oct 13 to 28 May 15.  

4.  He be granted entitlements, pay and benefits from 1 Oct 13 to 22 Sep 14.  

5.  He be reimbursed for medical/dental fees from 1 Oct 13 to 22 Sep 14.  

APPLICANT CONTENDS THAT:

His rights were denied in that he did not receive timely processing of his Line of Duty (LOD) determinations for his injuries; he was illegally removed from Extended Active Duty (EAD) orders while suffering from duty limiting injuries; he was not advised on all his options in relation to his LOD injuries; he did not receive timely medical care for his LOD injuries; was not placed on Medical Continuation (MEDCON) orders for continued treatment of his LOD injuries; his requests were ignored by his active duty unit (USSOUTHCOM), Air Force Reserve Command (AFRC) and the Army Health Clinic.

Department of Defense (DoD), Air Force Instruction (AFI), and Air Force Reserve Command Instruction (AFRCI), policy and procedures were not followed.

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

STATEMENT OF FACTS:

The applicant, an Individual Mobilization Augmentee (IMA), while assigned to United States Southern Command (US SOUTHCOM), was recalled to Extended Active Duty (EAD), from 31 Oct 11 to 30 Sep 12, in support of operations with the San Salvador Military Group.  

The applicant was placed on EAD orders, from 19 Nov 12 to 30 Sep 13, his orders required him to report to the Air Force Element, US SOUTHCOM, in Miami, FL.

The applicant was placed on EAD orders, from 22 Sep 14 to 12 Dec 14, for Military Personnel Appropriation orders, under Title 10, USC, Section 12301(h), MEDCON.  The applicant’s orders were amended to change the end-date to 28 May 15.  

On 28 May 15, the applicant was relieved from active duty, and, on 29 May 15, he was permanently disability retired in the grade of major per AFI 36-3212 with compensable percentage for physical disability of 70 percent.  He was credited with 24 years, 5 months, and 7 days of active service for basic pay, with 16 years, 1 month, and 12 days as 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 granting the applicant’s request for MEDCON, indicating the applicant’s request is valid and he would have been eligible.  In addition, they note the Air Force Reserve Command (AFRC) recommends granting approval for MEDCON orders from 1 Oct 13 through 22 Sep 14, as requested by the applicant.  

DPFA notes also, per AFI 36-2910, MEDCON Guidelines, MEDCON eligibility requires a LOD determination and a finding by a credentialed military health care provider highlighting the service member has an unresolved health condition requiring treatment.

Further, DPFA notes it was difficult to determine if the applicant met all MEDCON eligibility requirements at the time of his request.  However, based on the documentation submitted in his package, it is believed MEDCON eligibility criteria may have been met if the administrative challenges of the joint environment and his IMA status were not factors.

A complete copy of the DPFA evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 24 Feb 16 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 an error or injustice in regards to the applicant’s request to have his DD Form 469, dated 1 Dec 14 be backdated to 1 Oct 13.  We took notice of the applicant’s complete submission in judging the merits of the case and while not addressed in the Air Force evaluation, there appears to be a discrepancy in which document to correct, whether it’s the AF Form 469, dated 25 Jun 14 (as noted in his provider’s letter) or the one dated, 1 Dec 14 (as requested by the applicant).  In view of this and based on the documentation submitted in support of his request, we conclude the applicant has not sufficiently established that he has been the victim of an error of injustice.  Further, the applicant has an AF Form 469, dated 3 Oct 13, which was noted by AFPC/DPFA; therefore, we did not see what effect this correction would have on the outcome of the applicant’s case.  In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

4.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting corrective action regarding the applicant’s request for medical continuation, pay, points and associated entitlements during the contested period.  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.  The Board notes that the OPR recommends MEDCON orders from 1 October 2013 through 22 September 2014; however, the applicant was already on orders for 22 September 2014, therefore, our correction should be the preceding day of 21 September 2014.  In addition, while not addressed in the Air Force evaluation, the applicant requests he be reimbursed for medical and dental expenses he incurred during the contested period.  We suggest once the applicant receives his corrected documents, he submit his claims for medical and dental expenses to the appropriate TRICARE office for reimbursement.  In view of the above, we recommend the applicant's records be corrected as indicated below.  

5.  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 he was placed on active duty from 1 Oct 13 through 21 Sep 14, for the purposes of medical continuation in accordance with Title 10, U.S.C. §12301(h).  

The following members of the Board considered AFBCMR Docket Number BC-2015-02851 in Executive Session on 10 May and 25 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 was considered:

	Exhibit A.  DD Form 149, dated 30 Jun 15, w/atchs.
	Exhibit B.  Applicant Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPFA, dated 4 Feb 16, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 24 Feb 16.

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.