RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03480

  						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His record be changed to reflect Medical Continuation (MEDCON) orders for the following dates: 

	28 Mar 15 – 11 May 15 (45 days);
18 May 15 (1 day);
23 May 15 – 25 May 15 (3 days);
27 May 15 – 21 Jul 15 (56 days).

APPLICANT CONTENDS THAT:

He sustained an injury while on Military Personnel Appropriation (MPA) orders. After he returned to his home station, the Line of Duty (LOD) was initiated by the 452 AMDS and he obtained a medical treatment care plan.  He was approved for pre-MEDCON through 23 Mar 15 and submitted all necessary documentation to remain on MEDCON orders; however, the LOD was not finalized by 23 Mar 15 and his orders were not extended.  His LOD was approved on 15 Jun 15 and the MECON order was not approved until 22 Jul 15.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 23 Jul 82.  

On 1 Jun 92, the applicant was furnished an honorable discharge, and was credited with 9 years, 10 months, and 9 days of active service; however, he then affiliated with Air Force Reserve.

On 8 Jul 14, according to documents provided by the applicant, he was recalled to Extended Active Duty (EAD) and deployed to Ali Al Salem AB, Kuwait.

In Aug 14, according to documents provided by the applicant, he injured his left elbow during performance of his duties which required follow-up treatment during the deployment and upon return to home station.

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 Exhibits C.

AIR FORCE EVALUATION:

AFPC/DPFA recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  The applicant would have been eligible for MEDCON starting 24 Mar 15 if an interim LOD had been processed in a timely manner.  All of the administrative delays in processing the LOD were through no omission or fault of the service member.  Per AFI 36-2910, MEDCON eligibility requires a LOD determination and a finding by a credentialed military health care provider highlighting that he has an unresolved health condition requiring treatment.  In this case, he appears to have complied with the requirements for eligibility and subsequent administrative delays negatively affected his ability to apply for and receive MEDCON benefits.  

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 16 Mar 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.  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 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.  We also note the OPR states the applicant was eligible for MEDCON on 24 Mar 15 and recommends approval of the applicant’s request for MEDCON orders beginning 28 Mar 15.  However, we believe extending the applicant’s MEDCON orders from the date of release from active duty, 24 Mar 15 to 21 Jul 15, provides the applicant full and fitting relief.  Accordingly, 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 continued on active duty from 24 March 2015 through 21 July 2015, 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-2015-03480 in Executive Session on 18 Oct 16 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 6 Aug 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFA, dated 20 Jan 16.
	Exhibit D.  Letter, AFBCMR, dated 16 Mar 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.