RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03680

XXXXXXXXXXXXXX	COUNSEL:  NONE
	 
	HEARING:  NO

APPLICANT REQUESTS THAT:

He be placed on Medical Continuation (MEDCON) orders for the period 20 May – 4 Aug 16, and he receive associated pay, entitlements, and points.

APPLICANT CONTENDS THAT:

Due to an administrative oversight, he was demobilized from active duty prematurely before MEDCON orders could be issued.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a currently serving Air National Guard Technical Sergeant.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and E.

AIR FORCE EVALUATION:

AFPC/DPFA recommends partially granting the application.  The applicant met the requirements for MEDCON orders; however, upon return to home station, the applicant performed other duty which would conflict with the period requested.  Recommend MEDCON orders be issued for the dates not committed to other duty during this period.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 4 May 18 for comment (Exhibit D), but has received no response.

AIR FORCE EVALUATION:

Pursuant to the Board’s request, AFPC/DPFA provided a corrected advisory reflecting the correct “conflicting” days.  

AFPC/DPFA recommends granting the application.  The applicant met the requirements for MEDCON orders; however, upon return to home station, the applicant performed other duty which would conflict with the period requested.  Recommend the applicant be provided MEDCON orders for the entire eligibility period or for dates not committed to other duty during this period.  The complete corrected advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the corrected Air Force evaluation to the applicant on 22 Jun 18 and 10 Jul 18 for comment (Exhibits F and G, respectively), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion the applicant is the victim of an error and injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFA and finds a preponderance of the evidence substantiates the applicant’s contentions.  Additionally, the Board recognizes the applicant performed other duty during the inclusive period requested.  Therefore, the Board recommends correcting the applicant’s records 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 he was placed on active duty orders, for the purpose of Medical Continuation in accordance with Title 10, United States Code, 12301(h), for the following periods: 

	20 May 2016 – 10 June 2016
	13 June 2016 – 23 June 2016
	27 June 2016 – 1 July 2016
	4 July 2016 – 8 July 2016
	11 July 2016 – 15 July 2016
	27 July 2016
	30 July 2016 – 4 August 2016

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-03680 in Executive Session on 14 Aug 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 29 Aug 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFA, dated 10 Apr 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 4 May 18.
Exhibit E:	Corrected Advisory opinion, AFPC/DPFA, dated 21 Jun 18.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 22 Jun 18.
Exhibit G:	Notification of Advisory, SAF/MRBC to applicant, dated 10 Jul 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.