RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-03054

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be placed on Medical Continuation (MEDCON) orders for the period 15 Jan 16 – 1 Feb 16.

APPLICANT CONTENDS THAT:

He was eligible for MEDCON orders; however, due to an administrative process over which he had no control, his application was delayed and resulted in loss of MEDCON days.

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

STATEMENT OF FACTS:

On 28 May 14, the applicant initially entered the Air Force Reserve.

On 9 Mar 15, according to documentation provided by the applicant, the applicant was injured in a motorcycle accident, fracturing his right clavicle and right forearm, and sustained a right knee laceration and left patella dislocation.

On 15 Jun 15, according to documentation provided by the applicant, the applicant’s injuries from the 9 Mar 15 motorcycle accident were found to be “in the line of duty” (ILOD).

According to documentation provided by the applicant, the applicant was placed on MEDCON orders beginning 2 Feb 16 through 2 May 16.

The applicant is currently serving in the Air Force Reserve.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.

AIR FORCE EVALUATION:

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

According to Air Force Instruction (AFI) 36-2910, Line of Duty (LOD) Determination, 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 that condition renders the Airman unable to perform military duties.  The applicant would have had to meet specified criteria in accordance with paragraphs 5.5.1. and 5.5.2..  The applicant met these criteria.

The applicant was involved in a motorcycle accident on 9 Mar 15 while on Active Duty Operational Support (ADOS) orders and sustained multiple injuries – right clavicle fracture, right forearm fracture, right knee laceration, and left patella dislocation.  His injuries were adjudicated In the Line of Duty (ILOD) by HQ AFRC/SGP, on 15 Jun 15.  The applicant’s left knee continued to be painful and a review of his AF Forms 469, Duty Limiting Condition Reports, reveal he was placed on a Code 31 with mobility restrictions (12 Sep 15) for the left knee and continued with these restrictions following surgery on 15 Jan 16 throughout his post-operative physical therapy rehabilitation.  The applicant is requesting MEDCON benefits for the time period of surgery and recovery:  15 Jan 16 – 1 Feb 16.

The applicant initiated the MEDCON orders request with the Reserve Medical Unit (RMU) on 22 Dec 15.  The RMU contacted the applicant on 30 Dec 15 to confirm receipt of his documentation and to inform him of documents that required his signature.  The applicant signed the documents on 8 Jan 16 and the 30-day late letter was endorsed by the Wing Commander on 8 Jan 16.  

The RMU submitted the initial MEDCON application on 28 Jan 16 and the applicant was approved for MEDCON on 2 Feb 16, and remained on MEDCON until 2 May 16.  A review by the Medical Branch Chief found the applicant met MEDCON eligibility criteria on 8 Jan 16.  Surgery was scheduled for 15 Jan 16; therefore, the applicant was eligible for MEDCON entitlements beginning 14 Jan 16, one day prior to surgery.

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 22 Aug 17 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.  We agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  While we note the applicant requested MEDCON begin on 15 Jan 16, we agree with the OPR that the MEDCON orders should start on 14 Jan 16, one day prior to surgery.  Therefore, we recommend the applicant’s record 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 placed on Medical Continuation orders beginning 14 January 2016 through 1 February 2016, for a period of 19 days.

The following members of the Board considered AFBCMR Docket Number BC-2016-03054 in Executive Session on 7 Nov 17 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-2016-03054 was considered:

	Exhibit A.  DD Form 149, dated 18 Feb 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFA, dated 27 Oct 16.
	Exhibit D.  Letter, AFBCMR, dated 22 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 regarding AFBCMR Docket Number BC-2016-03054, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.