RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03092
		
  						COUNSEL:  NONE

						HEARING DESIRED:  NOT INDICATED

APPLICANT REQUESTS THAT:

He be placed on Medical Continuation (MEDCON) orders from 15 June 2015 through 12 July 2015 (28 days) (per his amended DD Form 149, Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552, dated 29 July 2015).

APPLICANT CONTENDS THAT:

He sustained an injury (Line of Duty (LOD)) during his deployment.  He was placed in Title 10 Medical Hold (30 day pre-MEDCON) to allow for LOD processing and to obtain a treatment plan for MEDCON orders.  He submitted his request for MEDCON orders on 23 March 2015.  At that time, his orders were not expiring until 15 April 2015; however, due to his LOD not being finalized until 17 May 2015 and administrative delays, which was out of his control.  His case was not validated until 6 July 2015.  He provides a detailed timeline explaining his situation.

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

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in the grade of staff sergeant.

Applicant was ordered to active duty via AF Form 938, Request and Authorization for Active Duty Training/Active Duty Tour, Reserve Order A5WUBC, dated 13 March 2014, from 4 August 2014 through 20 March 2015.

According to the applicant’s AF Form 938, Request and Authorization for Active Duty Training/Active Duty Tour, dated 23 March 2015, reflects he was placed on verbal orders of the commander (VOCO), which were confirmed on 17 March 2015, noting that circumstances prevented written orders in advance, from 17 March 2015 through 15 April 2015.

According to AFRC IMT 348, Informal Line of Duty Determination, dated 17 March 2015, reflects the applicant injured his left leg bruise w/soft tissue deformity and left lower leg contusion sustained while building a tent during deployment on or about 4 February 2015.  His injury was found In Line of Duty (ILOD).

According to the applicant’s AF Form 469, Duty Limiting Condition Report, dated 8 May 2015, his physical limitations/restrictions were annotated as:
	
	MEMBER IS NOT WWQ HOME BASE STATION ONLY
	Member IS cleared to test on abdominal circumference
	Member IS NOT cleared to test on 1.5 mile run, 2 km walk,
push-ups.
Unit PT/Exercise cleared for walk at own pace and distance
No running greater than 100 yards
No high impact activities

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 approving MEDCON orders from 16 April 2015 through 12 Jul 2015.  In this regard, according to the governing MEDCON guidelines, 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.  

This case was reviewed by a MEDCON Medical Case Manager (MMCM) and the following facts are critical to the applicant’s case:

	He was on Mobilization Orders from 4 August 2014 through 20 March 2105 after sustaining an impact injury to his left leg erecting tents on 4 February 2015.  He was then treated in theater.  
	
	On 17 February 2015, post deployment assessment was completed at home station and AF Form 469 placed him on appropriate duty and mobility restrictions. 

	He was placed on 30 day Pre-MEDCON orders from 17 March 2015 through 15 April 2015.  LOD case number 20150311-001 was initiated on 11 March 2015.  The LOD case was delayed 42 days between the Medical Technician input and the medical officer review.  After initial medical officer review, the case required an additional 26 days of coordination within the 452nd AMW command. 

	On 17 May 2015, the applicant’s LOD was found to be ILOD.

	The applicant had a break in service which delayed his medical treatment and directly contributed to delays in his initial MEDCON application as well as additional administrative delays in the processing of his MEDCON application.   

	His MEDCON orders were initiated on 13 July 2015.  He was eligible for MEDCON orders from 16 April 2015 through 12 July 2015. The administrative delays in processing the LOD and MEDCON application were through NO fault of the service member.

By way of background, according to AFI 36-2910 MEDCON guidelines, 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 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 renders the Airman unable to meet retention or mobility standards in accordance with (IAW) AFI 48-123, Medical Examinations and Standards, Chapters 5 and 13.  
 
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 24 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.  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.  Although the applicant has requested MEDCON orders from 15 June 2015 through 12 July 2015, the Board supports the recommendation from the OPR that provides the applicant no break in-service relative to the completion of the required medical processing protocol.  Therefore, 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 for the period 16 April 2015 through 12 July 2015, he was placed on active duty, 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-2015-03092 in Executive Session on 7 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 was considered:

	Exhibit A.  DD Form 149, dated 29 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFA, dated 29 Dec 15.
	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.