RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04064
		
   						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS:

He receive Medical Continuation (MEDCON) orders covering the period 11 Sep 12 through 2 Sep 14. 

APPLICANT CONTENDS:

He sustained an injury while serving on orders, and a Line of Duty (LOD) determination was pending.  However, he was inappropriately released at the end of his orders rather than being provided MEDCON orders, even though he was on profile and requested MEDCON orders to complete his medical treatment. 

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

STATEMENT OF FACTS:

The applicant is a member of the Air Force Reserve, and served on active duty order in the grade of Senior Airman (E-4) during the period 16 Mar 12 through 10 Sep 12. 

According to the documentation submitted by the applicant:  

	a.  On 25 Mar 12, the applicant was physically assaulted by a stranger, received blows to the head, and was rendered unconscious.  

b.  On 27 Apr 12, the applicant was cleared for full duty, and the LOD determination which had been initiated was cancelled.  

c.  In Aug 12, the applicant sustained a second head injury when he hit his head on a metal object while getting out of a vehicle.  

On 8 Jun 13, the applicant was issued an AF Form 469, Duty Limiting Condition Report, indicating he was not world-wide qualified, with multiple physical restrictions, and with a projected release date of 15 Jul 13.  

On 18 Jul 13, the applicant was issued an AF Form 469, restricting him to “home base only” with multiple duty restrictions, and directing a Medical Evaluation Board (MEB). 

On 2 Feb 14, after a formal investigation determined there was no evidence the applicant was guilty of any misconduct, his injuries and related medical conditions were determined to be in-the-line-of-duty (ILOD), and it was noted in the record that the LOD determination “sat dormant for almost a year due to a failure of the Wing’s LOD processes.”

On 1 Apr 14, an Informal LOD reviewed the applicant’s medical records due to head trauma, vertigo, and headaches and recommended a Formal LOD.   

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 a partial grant of the applicant Incapacitation Pay, indicating there is evidence of an error or injustice.  While on active duty orders from 16 Mar 12 through 10 Sep 12, the applicant sustained injuries to his head when he was assaulted outside of a local bar/restaurant.  Facts of the case include: 

	a.  On 3 Apr 12, the applicant reported to his servicing Reserve medical unit, and a line-of-duty determination was initiated on 6 Apr 12.  However, follow up notes from his treating physician, dated 27 Apr 12, noted a full recovery and resolution of all symptoms (headache, vertigo and blurred vision) and his return to full duty without restrictions. 

b.  On 9 Jul 12, the Informal LOD was canceled due to the apparent resolution of his issues, and an Admin LOD entry was made in his service treatment record instead. 

c.  On 24 Aug 12, the applicant’s vertigo symptoms returned, although according to the treating physician’s notes he returned to work on 5 Sep 12.  

d.  On 10 Sep 12, the applicant was eligible to leave active duty service at the scheduled end of his orders due to the lack of medical profile and his being fully qualified for duty without restrictions.

e.  On 3 Oct 12, an Informal LOD for “Concussion with head trauma, vertigo, and headache” was re-initiated by the servicing reserve medical unit. 

f.  On 9 Feb 13, the Informal LOD was converted to a Formal LOD and, in accordance with AFI 36-2910, LOD Determination, MEDCON, and INCAP Pay, the applicant’s Wing Commander initiated an investigation into the questionable circumstances surrounding the case.  Unfortunately, the investigation took well over a year to accomplish.  

g.  On 2 Sep 14, the LOD was finalized with a finding of in-the-line-of-duty (ILOD).

Assistant Secretary of the Air Force for Manpower and Reserve Affairs (SAF/MR) memorandum, ARC MEDCON Guidelines and Case Management Office Integration plan (I-Plan), dated 15 Aug 12, states Air Reserve Component (ARC) members with a break in service must have a “finalized” LOD to be eligible for MEDCON orders.  

On 8 Jun 13, due to the fact the applicant’s LOD was not finalized when he entered a non-qualified status, and the LOD would not be finalized for over another year, his servicing, Reserve, medical unit could not request MEDCON orders for the applicant.  

Recommend pay and allowance benefits be afforded the member via Incapacitation Pay or whatever other legal avenue or recourse the Board has authority to grant for the period of 8 Jun 13 when he became unable to perform military duties as a result of his ILOD concussion until 2 Sep 14.

A complete copy of the AFRC/SGO evaluation, with attachment, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In further support of his original request the applicant submitted a rebuttal response to the Air Force evaluation in which he takes exception to AFRC/SGO’s recommended start date for his MEDCON orders.  He contends he was unfit to perform military duties during the period 27 Aug 12 through 5 Sep 12, and this Aerospace Medical Squadron requested a mobility restriction for him on 7 Sep 12, so his MEDCON orders should have started on 11 Sep 12, after his Title 10 orders ended. (Exhibit E) 

THE BOARD CONCLUDES:

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 an injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an injustice.  While we note the comments of AFRC/SGO indicating Incapacitation Pay should be granted for the period of 8 Jun 13 through 2 Sep 14, because on 8 Jun 13 he was issued an AF Form 469 indicating he was not world-wide qualified due to his medical condition, we believe a preponderance of the evidence substantiates corrective action is warranted.  In this respect, we note the applicant was injured while on active duty orders, his injury was determined to be ILOD, and after his initial line of duty determination was cancelled, his symptoms returned on 24 Aug 12 before his active duty orders ended.  Consistent with the applicant’s request, and for the purpose of medical treatment, the applicant should have continued to serve on MEDCON orders from 11 Sep 12 through 2 Sep 14.  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:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show he was not released from active duty on 11 September 2012, but on that date, he continued to serve on active duty through 2 September 2014. 

The following members of the Board considered AFBCMR Docket Number BC-2015-04064 in Executive Session on 15 Nov 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 pertaining to AFBCMR Docket Number BC-2015-04064 was considered:

	Exhibit A.  DD Form 149, dated 16 Sep 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFRC/SGO, dated 11 Oct 16, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 13 Oct 16.
	Exhibit E.  Letter, Applicant, dated 6 Nov 16, w/atchs.

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.