RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04254

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

He be placed on Medical Continuation (MEDCON) from 07 Apr 13 to 3 Sep 15.

APPLICANT CONTENDS THAT:

He was diagnosed with Groin Pain and Adjustment Disorder with Depressed Mood when he was deployed to Kuwait in 2013. Both conditions were found to be In Line of Duty (ILOD).  However, upon completion of his order on 6 Apr 13, he was released without continued medical and mental health care.  Although he was referred for a Medical Evaluation Board on 31 Oct 13, he did not begin the process until 9 Apr 15.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a permanently retired Air Force technical sergeant.  

On 6 Apr 13, the applicant was released from active duty due to demobilization in support of Operation ENDURING FREEDOM, 21 Oct 12 – 6 Apr 13.

On 6 Apr 13, the applicant’s groin pain was found ILOD not due to misconduct or willful neglect.

On 15 Apr 13, the applicant’s adjustment disorder with depressed mood was found ILOD not due to misconduct or willful neglect.

On 21 Jun 13, the applicant deployed in support of Operation CORONET OAK, 21 Jun 13 – 6 Jul 13.

On 22 May 18, the Formal Physical Evaluation Board found the applicant unfit for post-traumatic stress disorder (PTSD) and bilateral hip osteoarthritis with residuals status post arthroplasty and recommended permanent retirement with a combined compensable percentage of 100%.

On 27 Sep 18, the applicant was permanently disability retired with a compensable percentage for physical disability of 100%

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C, E and F.

AIR FORCE EVALUATION:

AFPC/DPFA recommends denying the applicant’s request to be placed on MEDCON for Groin Pain and Adjustment Disorder.  The applicant met some, but not all MEDCON eligibility criteria in accordance with Secretary of the Air Force MEDCON Policy Guidelines. If all MEDCON eligibility criteria had been met, the applicant would have been eligible during the dates: 07 Apr 13 - 20 Jun 13 (75 days) and 01 Jan 15 to 02 Sep 15 (245 days) for a total of 320 days. However, there were zero days in which the applicant had both a profile (AF Form 469, Duty Limiting Condition Report) and a valid Line of Duty (LOD) for either of the two medical conditions.  

On 21 Jun 13, the applicant was returned to duty on Title 10 MPA orders implying he was fit for duty and there were no physical limitations that prevented him from being worldwide qualified and able to perform his military duties.  

On 1 Jan 15, the applicant was issued an AF profile for PTSD with mobility restrictions, however, the formal diagnosis within the Air Force military treatment facility (MTF) was not given until 8 Dec 15 and the (3rd) LOD was not initiated until 9 Dec 15.

Further review of the case reveals that due to an administrative oversight, ARC CMD overlooked the Title 10 MPA orders from 21 Jun 13 - 07 Jul 13 which invalidated the original two LODs, and the applicant was approved for MEDCON orders starting on 03 Sep 15 to 8 Dec 16 (an additional 463 days), based on the two LOD conditions.  Technically, the applicant would not have been eligible for MEDCON orders for the PTSD diagnosis until the 3rd LOD was interim. However, the Appointing Authority found the LOD condition “NILOD-NOT DUE TO MEMBER’S MISCONDUCT”. Therefore, the applicant would not have been eligible for MEDCON orders until the LOD for PTSD was finalized on 8 Dec 16. 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 20 Jun 18 for comment (Exhibit D), but has received no response.

ADDITIONAL AIR FORCE EVALUATIONS:

BCMR Medical Advisor recommends denying the applicant’s request to be placed on MEDCON for Groin Pain and Adjustment Disorder.  The applicant’s deployed providers had the option to initiate an AF Form 469, prior to the applicant’s demobilization, to cover either or both the Groin Pain and Adjustment Disorder, but elected not to do so. The decision-making of the credentialed provider was within his or her span of authority and cannot now be considered either erroneous or unjust. Although the applicant presented for a profile update on 5 Apr 13, the medical entry also indicates he was able to do his job. To interject a de facto AF Form 469, for the period from 7 Apr 13, merely to further justify MEDCON orders would be based upon speculation and conjecture, as there is no objective evidence of the applicant’s inability to perform the duties of his office, grade, rank, and rating; nor that he pursued or required treatment between the period ending on 7 Apr 13 and 20 Jun 13; when he was deployed again and was presumed fit.  Additionally, in accordance with AFI 36-2910, Line of Duty (LOD) Determination, Medical Continuation (MEDCON), and Incapacitation (INCAP) Pay, paragraph 2.3, “A member who can perform military duties but requires medical care for a minor or chronic medical condition may be provided medical treatment for such condition through the VA or TRICARE benefits; the member does not have to be on MEDCON orders to receive medical care for an ILOD condition.
The complete advisory is at Exhibit E.

BCMR Psychological Advisor recommends denying the applicant’s request to be placed on MEDCON for Adjustment Disorder with Depressed Mood.  Although the applicant received a LOD determination for his Adjustment Disorder with Depressed Mood on 15 Apr 13, his subsequent deployment on 21 Jun 13 negated, nulled, and voided his LOD making it ineffective and ineligible for continued MEDCON.  As part of the standard operating procedure to qualify for deployment, one must undergo a medical examination to include a mental health examination to achieve medical clearance for worldwide duty.   The applicant was able to receive medical clearance and thus signified that he was fit for duty and his mental health condition did not interfere with his ability to function and perform his military duties. Additionally, there was no mobility restriction in his records that limited his duties or prevented him from deploying.   The complete advisory is at Exhibit F.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATIONS:

The Board sent copies of the Air Force evaluations to the applicant on 20 Aug 18 for comment (Exhibit G), 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 that the applicant is not the victim of an injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFA, BCMR Medical Advisor and BCMR Psychological Advisor and finds that a preponderance of the evidence does not substantiate the applicant’s contentions. Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2016-04254 in Executive Session on 3 Oct 18:

	Panel Chair
	Member
	Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 22 Aug 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFA, dated 28 Jul 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 20 Jun 18.
Exhibit E:	Advisory opinion, BCMR Medical Advisor, dated 9 Jul 18.
Exhibit F:	Advisory opinion, BCMR Psychological Advisor, dated 10 Jul 18.
Exhibit G:	Notification of Advisory, SAF/MRBC to applicant, dated 20 Aug 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 for Docket Number BC-2016-04254.