RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04123
		
   						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS:

He receive medical continuation (MEDCON) orders covering the period 13 Aug 14 through 27 Apr 15.

APPLICANT CONTENDS:

While on active duty orders during the period 1 Oct 11 through 15 Jan 12, he sustained a medical condition for which a line-of-duty (LOD) determination should have been initiated, but in 2012 it was not.  Then, on 28 Jun 14, while serving on another tour, he again sustained a medical condition, and an LOD determination was initiated.  However, the LOD inappropriately determined his condition was a pre-existing condition because he had suffered the same medical condition during his 1 Oct 11 through 15 Jan 12 tour.  In 2015, the LOD for his 2012 medical condition was conducted.  

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

STATEMENT OF FACTS:

The applicant served in the Air Force Reserve in the grade of Staff Sergeant (SSgt) during the period of time under review.  

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, indicating there is evidence of an error or injustice.  On 1 Jan 12, while serving on Reserve orders, the applicant attempted to commit suicide.  He was treated and returned to duty without restrictions.  An LOD determination was not accomplished for this incident.  Subsequently, in 2014 the applicant deployed and again sought treatment for mental health (MH) issues.  Upon return to home station he was transitioned onto MEDCON orders with no break in orders.  However, the Air Force Reserve Command Vice Commander (AFRC/CV) determined the applicant’s medical condition existed prior to service (EPTS)-LOD Not Applicable (LOD N/A).  Therefore, in accordance with existing policy, his MEDCON orders were curtailed to 12 Aug 2014.  

On 8 Feb 15, an LOD determination was initiated for the original 2012 MH incident.  On 27 Apr 15, this incident was determined to be EPTS-LOD Service Aggravated (LOD S/A).  Due to the immediate concern for the applicant’s well-being, he was placed on MEDCON orders and remained on MEDCON as he entered the Integrated Disability Evaluation System (IDES).  While he was in the IDES, an Informal Physical Evaluation Board (IPEB) determined the case could not move forward because his treatment plan did not match the LOD condition.  The IPEB recommended a new LOD determination.  A third LOD determination was initiated in Apr 16 but his condition was again found to be EPTS-LOD N/A.  The applicant was then disenrolled from the IDES and a Fitness Determination was conducted.  The applicant was found unfit for military duty and separated.  

In accordance with AFI 48-123, Medical Examinations and Standards, a member who suffers from a medical condition for 365 cumulative days will meet a Medical Evaluation Board (MEB).  Based on his original MH incident in 2012, the applicant met the criteria to meet an MEB because he was on a medical profile with mobility and duty restrictions for a total of 410 days, and his condition was eventually determined to be In the Line of Duty (ILOD) for Neurotic Disorders (Adjustment Disorder with Depression/Major Depression).  The applicant is also entitled to a review and possible entry into the IDES for this ILOD condition.

The failure of the applicant’s unit to initiate an LOD following the 2012 MH incident prevented him from being considered for MEDCON orders and IDES entry for a potentially unfitting condition.  When the applicant experienced another MH incident while deployed in 2014, a finding of EPTS-LOD N/A was rendered despite the recommendations by the applicant’s medical provider and chain of command that his condition was EPTS-LOD S/A.  AFRC did not provide any rationale for overturning the medical provider’s recommendation.  The EPTS-LOD N/A finding is inconsistent with the 2015 LOD determination which found his 2012 incident to be ILOD.  In Feb 16, the applicant was entered into the IDES but his case was returned without action due to the incorrect diagnosis on the LOD he received for the 2012 incident.  Without a valid LOD finding, it effectively ended the applicant’s IDES case, ended his MEDCON tour early on 24 May 2016, and led to his separation.

Recommend approval of the applicant’s request for MEDCON orders covering the period 13 Aug 14 through 27 Apr 15.  Other remedies available for the Board to consider include finding the applicant’s medical conditions were ILOD and entering him into the IDES for disability consideration.  

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 17 Oct 16 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

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 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 AFPC/DPFA and adopt their rationale as the basis for our conclusion the applicant has been the victim of an error or injustice concerning his request for MEDCON orders.  While the Board notes the AFPC/DPFA comment that other remedies are available for the Board to consider, to include finding the applicant’s medical conditions were ILOD and entering him into the IDES for disability consideration, the applicant neither requested said relief nor provided documentation to establish additional relief beyond receipt of MEDCON orders is warranted.  The applicant retains the right to submit an additional application to the Board if he believes error or injustice still exists in his record.  Therefore, we recommend the applicant's records be corrected as indicated below.

THE BOARD RECOMMENDS:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show he was issued medical continuation (MEDCON) orders covering the period 13 August 2014 through 27 April 2015. 

The following members of the Board considered AFBCMR Docket Number BC-2015-04123 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-2015-04123 was considered:

	Exhibit A.  DD Form 149, dated 18 Sep 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFA, dated 13 Oct 16.
	Exhibit D.  Letter, SAF/MRBR, dated 17 Oct 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.