RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-05240
		
XXXXXXXXXXXXXXXX			COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he was not released from active duty on 13 July 2014, but on that day he was continued on active duty through 3 August 2014.

APPLICANT CONTENDS THAT:

On 12 July 2014, he was injured in the line of duty; therefore, his Military Personnel Appropriation (MPA) orders should have been amended to include the period of his surgery and completion of his convalescent leave.  His orders were not extended although it was evident he required follow-on medical treatment.  Furthermore, on 14 July 2014, the day before his surgery, his commander curtailed his original orders to end on 13 July 2014 rather than 15 July 2014, despite concerns his orders should instead be extended to ensure Title 10 protections and benefits.  While this action was legal, it forced his family into a financially and medically precarious situation.  There was no question his injury was incurred in the line of duty, yet AF IMT 348, Line of Duty Determination, was not initiated promptly to ensure access to authorized benefits and entitlements.  He was forced to initiate his own AF IMT Form 348 when he returned to work on 4 August 2014, nearly a month after his surgery.  His commander at the time informed him that he was not eligible to receive incapacitation pay.  After further investigation, incapacitation pay would have been appropriate, but the time limit to apply for that benefit has long since expired.  Department of Defense and Air Force Instructions mandate that the Air Force provide benefits, protections, and entitlements to its injured members.  To remedy the complete lack of support he received, he requests his MPA orders be amended to include his surgery and convalescent leave.

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

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in the grade of lieutenant colonel (O-5).

Via Reserve Order Number D66DMA dated 25 June 2014, the applicant was placed on MPA orders for the period 9 July 2014 to 15 July 2014.

According to AF IMT 348, the applicant broke his clavicle while performing as a member of a parachute demonstration team.  The injury occurred on 12 July 2014, while he was in an active duty status [9 July 2014 to 13 July 2014].  On 20 August 2014, the approval authority found the applicant’s injury to be in the line of duty.

DODI 1241.01, Reserve Component Line of Duty Determination for Medical and Dental Treatments and Incapacitation Pay Entitlements, defines incapacitation pay as pay and allowances made to certain reserve component service members who are physically disabled as the result of a covered condition or who are physically able to perform military duties but have demonstrated loss of earned income from nonmilitary employment or self-employment as a result of a covered condition.

AFI 36-2910, Line of Duty Determination, Medical Continuation (MEDCON) and Incapacitation Pay, paragraph 5.4.2 (Extension of Active Duty MPA Order) states, “If the member’s medical condition cannot be diagnosed or resolved prior to completion of an active duty order, the member's RegAF commander or home unit commander may request an extension of the active duty order for up to 30 additional days through the Force Support Squadron (FSS) or, if deployed, the Personnel Support for Contingency Operations (PERSCO) and the chain of command.”

AIR FORCE EVALUATION:

AFRC/SGO recommends the applicant receive pay and allowances for the period requested; however, defer to the Board on how to correct the record.  Since the applicant is an actively serving member of the Air Force Reserve, the most appropriate manner to resolve pay and allowance benefits in this case is for the Board to direct the applicant to submit an incapacitation pay application through his servicing FSS.  While incapacitation pay will remedy lost pay and allowance benefits; the applicant has requested orders for the requested period.  Had orders been issued, the applicant would have accrued points toward retirement in addition to pay and allowance benefits.  The applicant was originally placed on MPA orders for the period of 9 July 2014 to 15 July 2014.  On 12 July 2014, during a parachute landing, the applicant fell and fractured his left clavicle.  On the same day, he was seen in a hospital emergency room and imaging confirmed the fracture.  The MPA orders were subsequently amended to end on 13 July 2014, the day after his accident.  On 15 July 2014, the applicant underwent an open reduction and internal fixation surgery with placement of a clavicle plate and appropriate screws.  It is unclear why the original MPA order was amended to end the day after the applicant’s accident, nor why the line of duty determination was not initiated until 4 August 2014.

A MEDCON application could have been submitted to retain the applicant in an active duty status beyond the orders end date; however according to DODI 1241.01 members on status for less than 30 days “may” be entitled extension of orders.  Absent issuance of MEDCON orders DODI 1241.01 does establish eligibility rules for incapacitation pay as another means to satisfy pay and allowance benefits which the applicant appears to be eligible for.  Upon finalization of the line of duty determination on 20 August 2014, at the very least an incapacitation pay request could have been submitted.  Of note, the applicant only petitions for 20 days.  The typical recovery time for this injury and surgery is 6-12 weeks.  A 23 July 2014 post-operative visit indicated pain had resided to minimal levels, the applicant had ceased the use of pain medication and range of motion was okay.  Follow-up with an orthopedic specialist for continued treatment and x-ray in 4 weeks was recommended, though records beyond this visit are not available.  Based on the applicant’s request, it appears he made a full recovery by 3 August 2014.

As noted previously MEDCON orders are not mandatory when the period of service during which the in line of duty injury was incurred is less than 30 days.  AFI-36-2910 strictly forbids back dating orders.  Based on the injury and the need for treatment, had an actual request for MPA MEDCON orders been requested, it would have had a strong chance for approval.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He appreciates the OPR’s objective review of the incident to determine how to utilize all the resources available to help reserve members injured in the line of duty.  It is important to note the OPR contends that it is forbidden to backdate MEDCON orders; however, they do not mention amending his original MPA orders as a possible solution.  In his situation, only 20 days were required before he returned to non-flying duties.  Therefore, MEDCON orders were not required.  AFI 36-2619, Military Personnel Appropriation (MPA) Man-Day Program, paragraph 4.2.1 states: “In accordance with AFI 36-2910, if the airman’s medical condition cannot be resolved or diagnosed prior to completion of an active duty order, the airman's RegAF commander may request an extension of the active duty order for up to 30 additional days through the Administrative Control unit, or, if deployed, the PERSCO, and the chain of command.”

It has been arduous having to rely on the Board process to receive mandated support and benefits following his parachuting accident. For that reason, he is hesitant to begin a new process to apply for incapacitation pay.  His MPA orders were inexplicably curtailed the day before he went into surgery following a serious line of duty injury. He respectfully requests the Board give serious consideration to amending his original MPA orders to include the time spent convalescing from his injury and surgery (14 July 2014 to 3 August 2014).  Amending his original MPA orders would be the most appropriate manner to remedy the issue of lost pay and allowances.  The amendment of orders will also allow him to accrue points towards retirement.

The applicant’s complete response is at Exhibit E.

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 to warrant extending the applicant’s MPA orders for the period 13 July 2014 to 3 August 2014.  Having carefully reviewed this application, we agree with some of the recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of error or injustice.  The OPR indicates that members on status for less than 30 days “may” be entitled extension of orders; however, since it is forbidden to backdate MEDCON orders, they believe the most appropriate relief should be in the form of an application for incapacitation pay.  However, the applicant is not requesting MEDCON orders.  He is requesting his MPA orders be extended to cover the period of his surgery and convalescence.  As pointed out in AFI 36-2619, if a member’s medical condition cannot be resolved or diagnosed prior to completion of an active duty order, the member's commander may request an extension of the active duty order for up to 30 additional days.  In view of the foregoing, 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 not released from active duty on 13 July 2014, but on that date he continued on active duty for the purpose of medical evaluation through 3 August 2014, at which time he was released from active duty.

The following members of the Board considered AFBCMR Docket Number BC-2015-05240 in Executive Session on 15 June 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 Forms 149, dated 25 November 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFRC/SGO, dated 28 December 2016.
Exhibit D.  Letter, AFBCMR, dated 16 February 2017.
Exhibit E.  Letter, Applicant, dated 28 February 2017.

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.