RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2016-00546
		
							COUNSEL:  NONE

							HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was on Medical Continuation (MEDCON) orders for the period 13 April 2013 to 5 November 2013.

APPLICANT CONTENDS THAT:

He suffered a significant knee injury while deployed on active duty orders in support of Operation ENDURING FREEDOM.  Therefore, he should have remained on active duty orders until his surgery and recovery were complete.

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

STATEMENT OF FACTS:

The applicant is currently serving in the Air National Guard, in the grade of lieutenant colonel (O-5).

Special Order Number R-A000006 dated 10 April 2013, recalled the applicant to active duty in accordance with Title 10 United States Code, Section 12302, Ready Reserve, for the period of 17 January 2013 to 12 April 2013, in support of Operation ENDURING FREEDOM.

According to AF IMT 348, Line of Duty Determination, finalized on 22 June 2013, the applicant’s left knee injury, incurred while he was deployed in an active duty status from 17 January 2013 to 30 March 2013, was found in the line of duty.

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.  According to Secretary of the Air Force (SecAF) MEDCON Policy Guidelines, dated 15 August 2012, 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.  It was previously determined the applicant did not meet SecAF criteria to qualify for MEDCON.

The applicant was on contingency orders from 17 January 2013 through 12 April 2013, during which time he injured his left knee.  He reported the injury upon his return to home station on 30 March 2013.  At that time, an interim line of duty determination should have been initiated and the applicant should have been retained on orders until the line of duty determination was finalized, his medical assessment and treatment was complete, and he was returned to duty, or entered into the disability evaluation system.  However, the applicant’s medical unit failed to adjudicate administrative actions in a timely manner when they erroneously filed an administrative line of duty determination when an informal line of duty determination would have been more appropriate.  This ultimately resulted in the applicant’s orders expiring on 12 April 2013, causing a break in service, which prevented him from qualifying for MEDCON orders.  The applicant’s line of duty determination was finalized on 22 June 2013, and his injury was found in the line of duty.  On 24 June 2013, he underwent surgery on his left knee and applied for MEDCON on 22 July 2013.  The applicant’s MEDCON request was disapproved due to an inadequate treatment plan, which did not show a nexus between the injury and his deployment.  In addition, the requirement for an individual treatment plan, approved by a credentialed military medical provider that includes the expected duration of the impairment was not met.

Nevertheless, a current review of the documentation reveals the applicant’s medical condition could not be resolved or diagnosed prior to completion of his contingency orders.  In addition, current medical documents indicate the clinical diagnosis for the applicant’s injury was for an acute and not chronic condition, which would have appropriately identified MEDCON eligibility.  Therefore, the applicant should have been retained on orders to allow adequate time for a medical assessment, initiation or completion of a line of duty determination and to conclude whether the applicant’s medical condition rendered him unable to meet retention or mobility standards.

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 8 November 2016, for review and comment within 30 days (Exhibit D).  

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 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 set forth 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 was not released from active duty on 12 April 2013, but on that date he continued on active duty for the purpose of medical evaluation through 5 November 2013, at which time he was released from active duty.

The following members of the Board considered AFBCMR Docket Number BC-2016-00546 in Executive Session on 15 June 2017, under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence was considered:

Exhibit A.  DD Form 149, dated 30 November 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DPFA, dated 27 October 2016.
Exhibit E.  Letter, AFBCMR, dated 8 November 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 pertaining to AFBCMR Docket Number BC-2016-00546.