RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03323 

						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

His application for non-Medical Continuation (non-MEDCON) orders for 4 Jul 13 to 22 Nov 13 be approved.

APPLICANT CONTENDS THAT:

He incurred an injury while on Title 10 Military Personnel Appropriation (MPA) orders from 19 Jun 13 to 3 Jul 13.

Due to last minute changes to mission itinerary, Title 10 orders were not published until 19 Jul 13, more than 2 weeks after returning from the mission.  The request for extension of Non-MEDCON orders was denied due to the delayed request.

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

STATEMENT OF FACTS:

The applicant is currently serving as a lieutenant colonel in the Air National Guard, with an indefinite obligation.

According to Special Order R-U000062, the applicant was on MPA orders from 19 Jun 13 to 3 Jul 13.

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

AIR FORCE EVALUATION:

AFPC/DPFA recommends disapproval of the applicant’s requested dates of 04 Jul 13 to 22 Nov 13; but alternatively approve dates starting 4 Jul 13 to 2 Aug 13 (30 days) for MPA orders, and 20 Aug 13 to 25 Sep 13 (37 days) for MEDCON orders, for a total of 67 days.

The applicant reported the medical condition, in a timely manner, on 1 Jul 13, prior to his MPA orders ending on 03 Jul 13.  However, there was an administrative delay in MPA orders extension application, initiated 14 Jul 13, and sent in the error to NGB instead of the Command Man-Day Allocation System (CMAS).  The CMAS entry was returned without action because the time period covered for the extension had passed.  There was an additional delay when AF Form 469, Duty Limiting Condition Report, was initiated on 26 Jul 13, but not completed/signed until 20 Aug 13.  

The applicant should have been on MPA orders from 4 Jul 13 to      2 Aug 13 (30 days).  During those 30 days the unit would have initiated the line of duty determination (LOD) and completed the AF Form 469.  The LOD was initiated on 14 Jul 13, and without a break in orders, would not have been required to be finalized.  However, while the AF Form 469 was initiated on 26 Jul 13, it was not completed until 20 Aug 13, and it appears from this that the applicant would not have met MEDCON eligibility at the time that his MPA orders ended, and would have had a break in orders.  With a break in orders, according to MEDCON guidelines, the applicant would have been eligible to apply for MEDCON on or about 17 Aug 13 when the LOD was finalized, but not before obtaining a completed AF Form 469, which was signed on 20 Aug 13.

The length of MEDCON orders is established by the individual treatment plan approved by a credentialed military provider based on occupational medicine guidelines and peer-reviewed recovery timelines that includes the expected duration of the impairment.  However, in this case, the medical condition was not clear-cut on the cause/source of symptoms and required evaluation by several specialists while undergoing pain management.  The only indication of the length of time needed is indicated by the AF Form 469, which released the applicant of all mobility restrictions on 25 Sep 13.  Therefore, applicant would have qualified for MEDCON orders from 20 Aug 13 to 25 Sep 13 (37 days).
 
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 25 Jan 18 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:

a.  Military Personnel Appropriation (MPA) orders, Special Order R-U000062, be amended to include the period 4 July 2013 to 2 August 2013 (30 days).  

b.  He was placed on active duty, for the purpose of medical continuation, for the period 20 August 2013 to 25 September 2013 (37 days), in accordance with Title 10, U.S.C. § 12301(h).

The following members of the Board considered AFBCMR Docket Number BC-2016-03323 in Executive Session on 13 Mar 18 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-03323 was considered:

	Exhibit A.  DD Form 149, w/atchs, 8 Aug 16.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFA, 22 Jan 18.
	Exhibit D.  Letter, AFBCMR, 25 Jan 18.
	
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 pertaining to AFBCMR Docket Number BC-2016-03323, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.