RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03998
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He get full active duty (AD) pay and benefits, points commensurate with active duty status from 22 Mar 13 to through 1 Oct 15.

APPLICANT CONTENDS THAT:

He was involuntarily taken off AD orders following an injury to his knee.  In accordance with (IAW) DoDI 1241.01, Reserve Component (RC) Line of Duty Determination for Medical and Dental Treatments and Incapacitation Pay Entitlements, Reserve Component (RC) service members on AD for a period of more than 30 days, will, with their consent, be retained on AD until the in-Line of Duty (ILOD) determination is resolved, or they are found fit for duty, separated, or retired as a result of a DES finding.  

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

STATEMENT OF FACTS:

The applicant initially entered the Air Force Reserve (AFR) on 25 Jan 12.  

On 25 May 12, according to a time-line submitted by the applicant, he injured his right knee while at tech school, resulting in surgical correction on 22 Jun 12, full recovery, and return to duty.  

From 14 Jan 13 through 27 Mar 13, while on AD orders (seasoning training program (STP)), he re-injured his right knee.  

On 4 Apr 14, the applicant had reconstructive knee surgery.

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:

AFRC/SGO recommends granting partial relief, indicating sufficient evidence has been presented to demonstrate the existence of error or injustice.  The applicant may file for incapacitation pay (ICAP) IAW with DODI 1241.01, and AFI 36-2910, Line of Duty (LOD) Determination, Medical Continuation (MEDCON), and Incapacitation (INCAP) Pay, to retrieve pay and allowance benefits associated with ILOD conditions for periods during which he was unfit for military service or suffered a loss of civilian income.  Notwithstanding the administrative avenue for relief, review of the applicant’s records reveal he incurred both an initial injury (25 May 12), and an exacerbation to his right knee (11 Mar 13), while on active duty status for IADT and STP as an Air Force Reserve member.  No informal LOD was accomplished for the initial injury though the condition appears to have been treated and resolved prior to release from this initial period of active duty.  The exacerbation injury occurred while on STP orders the severity of which at the time was unknown as he left orders without a full assessment.  Per the records he was seen by the orthopedic specialist on 20 Mar 13, seven days before leaving active duty and referred for an MRI that did not occur, the reason for which is unknown.  His medical status and eligibility to be retained on orders from 20 Mar 13 to 11 Jan 14, was unclear.  On 30 Jan 14, upon reengagement with his reserve medical unit and referral back to the active duty military treatment facility (ADMTF), a more definitive diagnosis and treatment plan was established.  The applicant underwent surgical correction on 4 Apr 14 and was on a medical profile until 7 Mar 15.  His medical status for the entire period being requested is unclear, however the period 4 Apr 14 until 7 Mar 15 is well supported during which he was unfit for military service as a result of an ILOD condition requiring surgery and physical therapy.

A complete copy of the AFRC/SGO 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 1 Nov 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.  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 applied and was approved for Medical Continuation (MEDCON) orders from 4 April 2014 through 7 March 2015. 

The following members of the Board considered AFBCMR Docket Number BC-2015-03998 in Executive Session on 15 Dec 16 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03998 was considered:

	Exhibit A.  DD Form 149, dated 20 Sep 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFRC/SGO, dated 27 Oct 16.
	Exhibit D.  Letter, SAF/MRBR, dated 1 Nov 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.