RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-05169
		
						COUNSEL:  NONE

						HEARING DESIRED:  NOT INDICATED

APPLICANT REQUESTS THAT:

He be granted Medical Continuation (MEDCON) orders for the period of 14 August to 25 October 2015 (72 days).  

APPLICANT CONTENDS THAT:

In June 2014, he was on a Temporary Duty (TDY) assignment to Germany when he sustained multiple injuries which required medical care.  He was treated at the local hospital prior to returning to his home station.  Upon arrival at his home station, a Line of Duty (LOD) determination was initiated and he was placed on duty and mobility restrictions.  He was placed on MEDCON orders for the period of 8 May to 13 August 2015 for surgery and recovery.  Due to the MEDCON process which he had no control of, his MEDCON orders were not extended beyond 13 August 2015 and he incurred a break in his MEDCON orders although he was still in a convalescent status and undergoing physical therapy.  He submitted multiple requests for MEDCON orders to his case manager; however, he was not approved for new MEDCON orders until 26 October 2015.

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

STATEMENT OF FACTS:

The applicant is in the Air Force Reserve currently serving in the grade of Master Sergeant (MSgt, E-7).

AF Form 469, Duty Limiting Condition Report, dated 13 August 2014, reflects the applicant was placed on duty and mobility restrictions through 12 August 2015.  Remarks states “Member may not participate for pay or points until further notice. RILO/Medical Board case pending.”

AFRC IMT 348, Informal Line of Duty Determination, dated 2 November 2014, reflects the applicant was in an active duty status from 1 June to 18 June 2014 when he incurred a musculoskeletal strain related to overuse/track injury while carrying luggage.  The injury did not exist prior to service (EPTS).  On 25 January 2015, the applicant’s injury was found in the LOD.  

The applicant entered a period of active duty on 8 May 2015 and was released from active duty on 13 August 2015.  He completed 3 months and 6 days of active duty service this period.  

A subsequent AF Form 469 dated 12 August 2015, reflects the applicant’s duty and mobility restrictions were extended through 11 August 2016.  Remarks states “Member may not participate for pay or points until further notice.  RILO/Medical Board case pending.” 

In a letter to AFPC/DPFA dated 2 September 2015, the applicant stated he was not aware MEDCON applications were required to be submitted 10 days prior to the requested start date.  He was informed after his application was completed that additional documents were required prior to approval.  This was an administrative process he did not have control of.  

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 approval.  The break in orders was due to no fault of the applicant.  Approval of the applicant’s request will fill the 72-day gap.  

According to AFI 36-2910, Line of Duty (LOD) Determinations, Medical Continuation (MEDCON) Program and Incapacity (INCAP) Pay, 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 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) which renders the airman unable to meet retention or mobility standards in accordance with AFI 48-123, Medical Examination and Standards.  This case was reviewed by a MEDCON medical case manager.  

The applicant’s first set of MEDCON orders were published for the period of 7 May to 13 August 2015.  There were delays in scheduling surgery as the United Healthcare (UHC) had informed Cedars Sinai Medical Center the applicant had no TRICARE coverage.  However, at the time, the applicant was covered by UHC TRICARE due to multiple LODs.  As a result of the mistake, the applicant’s surgery was delayed and eventually rescheduled.

The applicant has a gap in MEDCON orders for the period of 14 August to 25 October 2015.  His orders were not extended due to a lack of treatment plan during the delay.  At the time, there was no plan to reschedule the surgery unless coverage issues could be resolved.

The applicant’s second set of MEDCON orders were published for the period of 26 October to 11 December 2015.  The appropriate treatment plan and relevant documents were submitted and the applicant was authorized orders as of 26 October 2015.  

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 14 June 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 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.  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 he was placed on active duty, for the purpose of medical continuation, for the period of 14 August to 25 October 2015, in accordance with Title 10, U.S.C. § 12301(h).	

The following members of the Board considered AFBCMR Docket Number BC-2015-05169 in Executive Session on 2 March 2017 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 18 November 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFA, dated 4 April 2016
	Exhibit D.  Letter, AFBCMR, dated 4 April 2016.

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.