RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-01158
		
 						COUNSEL:  NONE

						HEARING DESIRED:  NOT INDICATED

APPLICANT REQUESTS THAT:

He be placed on Medical Continuation (MEDCON) orders for the period of 20 January to 19 February 2016.  

APPLICANT CONTENDS THAT:

He incurred an in the Line of Duty (LOD) injury for which he had surgery.  On 14 December 2015, he attempted to request MEDCON orders.  He received a response on 7 January 2016 requesting additional documentation.  On 11 January 2016, he sent the required documentation to his unit for approval.  However, on 12 January 2016, he received notification his unit commander was not available to sign the MEDCON application.   His surgery was on 20 January 2016 and he still had not received a response from his unit.  He continued to inquire on the status of his MEDCON application and on 1 February 2016, his commander requested documentation which was previously submitted.  Finally, on 12 February 2016, he was advised it was too late to cut MEDCON orders since the orders could not be backdated and he was instructed to submit an application to the AFBCMR.  

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).  

The applicant provides a copy of AF IMT 348, Line of Duty Determination, dated 14 April 2014 which indicates he incurred an in the LOD injury of a labral tear of his left shoulder. 

AF Form 948, Leave Request Authorization, dated 1 December 2015, reflects the applicant was approved for 30 days of convalescent leave from 20 January to 19 February 2016.  

In a letter dated 12 January 2016 to HQ RIO/RM, the applicant requested he be placed on MEDCON orders.  

The applicant provides a letter from the 779th Medical Group Orthopedic Surgeon dated 13 January 2016 which states he was seen in the orthopedic clinic on 7 January 2016 and was scheduled for shoulder surgery on 20 January 2016.  The letter further states he would be out of work until 19 February 2016 and would require post-operative physical therapy two to three times a week for two to three months following the surgery.  

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 of MEDCON orders with back pay for the period of 20 January to 19 February 2016 (31 days).   In accordance with AFI 36-2910, Line of Duty (LOD), Medical Continuation (MEDCON) and Incapacitation (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 the condition renders them 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 an active treatment plan) that renders them unable to meet retention or mobility standards in accordance with AFI 48-123, Medical Examinations and Standards.  

The supporting documentation provided by the applicant shows he attempted to submit a MEDCON application over 30 days prior to his scheduled surgery.  The administrative delays were out of the applicant’s control and resulted in the initial MEDCON application never being submitted.  The applicant previously met MEDCON eligibility and would have likely been approved for MEDCON orders during surgery and convalescent leave time for the period of 20 January to 19 February 2016.  
 
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 4 April 2017 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  20 January 2016 to 19 February 2016, in accordance with Title 10, U.S.C. § 12301(h).	

The following members of the Board considered AFBCMR Docket Number BC-2016-01158 in Executive Session on 6 July 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 pertaining to AFBCMR Docket Number BC-2016-01158 was considered:

	Exhibit A.  DD Form 149, dated 17 March 2016, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFA, dated 12 October 2016.
	Exhibit D.  Letter, AFBCMR, dated 4 April 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.