RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04024 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
He	be	placed	on	Medical	Continuation	(MEDCON)	orders	with corresponding pay, points and benefits from 18 Jul 16 to 28 Aug 16.

APPLICANT CONTENDS THAT:
He sustained an injury while in a military status and was placed on a profile for mobility and duty restrictions. However, a Line of Duty (LOD) determination was not finalized until 6 Aug 16 and MEDCON orders were not approved until 29 Aug 16. MEDCON orders cannot be backdated; therefore, any claim for past entitlements must be addressed by the AFBCMR.

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

STATEMENT OF FACTS:
According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, he was in an active duty status   from
3 Jan 16 to 17 Jun 16.
According to Standard Form 600 (SF 600), Chronological Record of Medical Care, dated 4 Jun 16, the LOD manager noted that an Administrative LOD was initiated for right shoulder impingement. Also, it was noted the applicant was pending an evaluation from the Military Treatment Facility (MTF) to confirm his diagnosis and to obtain a treatment plan.

According to SF 600 dated 17 Jun 16, the LOD manager noted a pre- MEDCON case was initiated; the applicant had an active treatment plan; and his MEDCON needs to be initiated. Also it was noted the applicant’s pre-MEDCON orders were effective 18 Jun 16 - 17    Jul
16	and that his LOD needs to be finalized.
The applicant’s Authorization for MPA MAN-DAY TOUR, dated 25 Jul 16, reflects he was on MEDCON orders under Title 10, U.S.C. §12301(h) from 18 Jun 16 – 17 Jul 16.

The applicant’s Authorization for MPA MAN-DAY TOUR, dated 29 Aug 16, reflects he was on MEDCON orders under Title 10, U.S.C. §12301(h) from 29 Aug 16 – 27 Oct 16.

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 granting the applicant’s request, indicating the current review of the documentation reveals he met the criteria to remain on active duty orders until found fit for duty, whether these were MEDCON or other.

The applicant injured his right shoulder while deployed 11 Jan 16 and subsequently reinjured it throughout Jan and Feb 16. Upon returning from his deployment, he was placed on pre-MEDCON orders (18 Jun 16 –
17	Jul 16) to allow additional time for LOD processing, to obtain an AF Form 469, Duty Limiting Condition Report, and a treatment plan. An Interim LOD was not initiated until 13 Jul 16 (four days before his pre-MEDCON orders expired). It is unclear why the Reserve Medical Unit (RMU) did not initiate the LOD when the applicant returned to his home station. However, due to the administrative delays, he did not meet the eligibility criteria for MEDCON (no AF Form 469 w/medical review and no medical documentation indicating continuation of restorative care in lieu of MEDCON) causing his pre- MEDCON orders to expire on 17 Jul 16 and preventing him from qualifying for MEDCON orders for the period 18 Jul 16 to 28 Aug 16.

In accordance with DoDI 1241.2 [sic], Reserve Component (RC) LOD Determination for Medical and Dental Treatments and Incapacitation Pay Entitlements, a Reserve component member on active duty under a call to order to active duty specifying a period of 31 days or more who incurs or aggravates an injury, illness, or disease in the LOD shall, with the members consent be continued on active duty upon expiration of call or order to active duty until the member is determined fit for duty or the member is separated or retired of a Disability Evaluation System (DES) determination.

On 6 Aug 16, the applicant’s injury was determined to be in the LOD. A review of his AF Forms 469 reveals he was placed on Assignment Availability Code (AAC) 31 with mobility restrictions on 9 Aug 16 for his right shoulder.  His initial MEDCON application was received on
17 Aug 16 and approved for MEDCON on 29 Aug 16 after administrative challenges were overcome and remained on MEDCON until released on  4 Jan 17.

Recommend the Board approve the correction to the applicant’s records to fill the gap in MEDCON Orders for the period 18 Jul 2016 to 28 Aug 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 20 Oct 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. Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, we recommend the applicant's records 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 not released from active duty on 17 Jul 16, but on that date was continued on active duty through 28 Aug 16, for the purposes of medical continuation in accordance with Title 10, U.S.C. §12301(h).

The following members of the Board considered AFBCMR Docket Number BC-2016-04024 in Executive Session on 14 Feb 18, under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

Panel Chair Member
Member

All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-04024 was considered:

Exhibit A.	DD Form 149, dated 29 Sep 16, w/atchs. Exhibit B.	Excerpts from Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPFA, dated 10 Apr 17. Exhibit D.	Letter, AFBCMR, dated 20 Oct 17, w/atch.

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.