RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-01009

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He receive pay and points for the periods he received Incapacitation (INCAP) pay from 1 October 2011 through 16 November 2011, or in the alternative medical continuation (MEDCON) orders for the period in question.

APPLICANT CONTENDS THAT:

In April 2011, he injured his left shoulder while deployed.

He received INCAP pay for the periods 1 October to 12 October 2011, 18 October 2011 to 30 October 2011 and, 1 November 2011 to 16 November 2011. 

While on Incapacitation (INCAP) pay, he did not receive retirement points, Basic Allowance for Housing (BAH) or Basic Allowance for Subsistence (BAS).  He would like his points and pay for the period in question.

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

STATEMENT OF FACTS:

The applicant served in the Air National Guard (ANG) in the grade of technical sergeant (E-6) during the matter under review.  

According to the documentation submitted by the applicant, on 3 January 2011, he was ordered to active duty in support of Operation ENDURING FREEDOM for the period 3 January 2011 through 15 August 2011.

On 4 July 2011, a line of duty (LOD) determination was initiated to determine if the applicant’s left shoulder injury was incurred in the line of duty (ILOD).

On 3 August 2011, the applicant’s shoulder injury was found to be in the line of duty.

On 15 August 2011, the applicant was released from active duty and reverted to his traditional (part-time) status as a member of the ANG.

According to the documentation submitted by the applicant, on 17 November 2011, he was placed on MEDCON orders for the period 17 November 2011 through 15 January 2012.

On 1 November 2016, the applicant was retired and credited with 29 years, 3 months, and 2 days of service.

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 MEDCON Policy Guidelines, a service member 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 service member unable to perform military duties.

While deployed the applicant injured his left shoulder.  He received care while in theater and then continued treatment through civilian care during the time he was requesting MEDCON orders.  

The ARC Medical Branch Chief determined the applicant injured his left shoulder on 25 Apr 2011. The LOD was adjudicated ILOD on 3 Aug 2011.  His contingency orders ended 15 Aug 2011.  At this time, the applicant had an unresolved medical condition, and should have remained on orders.

The applicant underwent left shoulder arthroscopy with subacromial decompression on 29 September 2011.  The medical unit submitted an INCAP pay request for the time period of surgery and recovery. He received INCAP benefits beginning 1 October 2011 through 16 November 2011.  The applicant was approved for MEDCON orders on 17 November 2011 after administrative challenges were overcome and he remained on MEDCON orders until released 15 January 2012.

The applicant’s medical records reveal he had a medical condition that could not be resolved or diagnosed prior to the completion of his active duty orders.  Therefore, he should have been retained on his active duty orders until he transitioned to MEDCON orders.  In this case, his medical unit failed to adjudicate administrative actions in a timely manner resulting in a break in his orders.  Had the proper administrative guidance been followed and actions completed in a timely manner the applicant would have met the criteria for MEDCON orders and continued on orders continuously without any break in service.  The applicant is entitled to active duty or MEDCON benefits during the period in question, with accounting reconciliation of the days he received INCAP benefits.

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 6 December 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 injustice.  In this regard, we note that in accordance with DoDI 1241.2 Reserve members on orders for more than 30 days who incur a condition in the line of duty that renders them unfit for military duty will be retained on active duty orders until they are either found fit for duty or separated via the disability evaluation system (DES).  The applicant was on such orders at the time of his April 2011 injury, which was determined to be ILOD and he should have been retained on active duty until the final disposition of his DES processing occurred.  Therefore, we recommend the applicant's records be corrected as indicated 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 15 August 2011, but on that date, he continued to serve on active duty until 16 November 2011.

The following members of the Board considered AFBCMR Docket Number BC-2016-01009 in Executive Session on 25 May 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 9 Mar 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFA, dated 27 Oct 16.
	Exhibit D.  Letter, SAF/MRBR, dated 6 Dec 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.