RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-01998

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

His partial mobilization orders be extended for medical continuation for the period that he was receiving medical care for an injury to his knee that occurred while on orders.

APPLICANT CONTENDS THAT:

While on orders for deployment training, he injured his knee.  He completed the course and returned to home station where he informed his command that he needed to seek medical care for his knee.  He was released from orders without receiving any further medical care beyond the emergency room visit while still on orders.  He should have been kept on orders until he completed medical care for his injured knee.

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

STATEMENT OF FACTS:

On 11 Mar 16, the applicant was called to active duty under 10 USC 12301(d).

On 25 Mar 16, the applicant was released from active duty and credited with 0 years, 0 months, and 15 days active service.

The applicant is currently serving in the Air National Guard. 

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility, which are attached at Exhibits C and E.

AIR FORCE EVALUATION:

NGB/A1P recommends correcting the record to indicate the applicant could have been continued on medical continuation (MEDCON) orders.

While on orders in support of Operation FREEDOM SENTINEL, the applicant injured his left knee and underwent a knee exam at the Naval Hospital, Jacksonville, Florida.  He maintains he should have been continued on orders until his knee condition was corrected.

Following demobilization, a request for MEDCON was not received nor processed by the Air Reserve Component (ARC) Case Management Division (CMD).  A key component of receiving MEDCON approval is submitting a request before the orders end; otherwise, the only option is incapacitation pay, if eligible, or Line of Duty care at the Veterans Administration.

Facts presented by the case do not indicate why a MEDCON extension was not requested before the applicant’s discharge, as required for contingency MEDCON requests, in accordance with Air Force Instruction (AFI) 36-2190, Line of Duty (LOD) Determination, Medical Continuation (MEDCON), and Incapacitation (INCAP) Pay, Chapter 5, paragraph 5.4.2..

A complete copy of the NGB/A1P evaluation is at Exhibit C.

AFPC/DPFA recommends granting the applicant’s request, indicating there is evidence of error or injustice.

Upon return from his pre-deployment training, the applicant should have been transitioned to 30 days of pre-MEDCON by his unit commander for the purpose of obtaining a diagnosis, submitting a MEDCON application to the ARC CMD, and avoiding a break in orders.  This was not done and there is no indication the applicant was advised or aware of this process.

On 3 Jun 16, a MEDCON application was received by this office.  At that time, the applicant had a break in orders, had received a diagnosis for his knee, but had no active treatment plan.  After working with the applicant to obtain the required documentation, MEDCON orders effective 30 Jun 16 were approved.  The applicant remained on MEDCON orders until 1 Mar 17.

If the applicant had been properly advised, he should have remained on MEDCON orders from 26 Mar 16 through 29 Jun 16.

A complete copy of the AFPC/DPFA evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations (Exhibits C and E) were forwarded to the applicant on 12 Jan 17 and 7 Aug 17 (Exhibits D and F, respectively) for review and comment within 30 days.  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 opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  Therefore, we recommend the applicant’s record 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 transitioned to Medical Continuation orders on 26 March 2016, and remained on orders until 1 March 2017.

The following members of the Board considered AFBCMR Docket Number BC-2016-01998 in Executive Session on 7 Nov 17 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01998 was considered:

	Exhibit A.  DD Form 149, dated 11 May 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, NGB/A1P, dated 15 Dec 16.
	Exhibit D.  Letter, AFBCMR, dated 12 Jan 17, w/atch.
	Exhibit E.  Email, AFPC/DPFA, dated 25 Jul 17.
	Exhibit F.  Letter, AFBCMR, dated 7 Aug 17, w/atch.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.