RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2017-04710

 						COUNSEL:  

 						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

She be granted Medical Continuation (MEDCON) orders for the period of 20 Jan 16 to 21 Sep 17, with associated back pay, points and benefits.  

Her debt for TRICARE premiums as a result of the termination of MEDCON orders be remitted.       

She be provided documentation to show she was on continuous military duty from the time of her deployment.  

APPLICANT CONTENDS THAT:

Counsel, on behalf of the applicant, states she deployed to Bagram Air Field, Afghanistan on 28 Sep 15.  This was her first overseas deployment and she experienced constant headaches, dizziness, stress and feelings of disorientation but did not know why.

On 4 Dec 15, while deployed, she experienced a cerebral infarction (stroke) and was medically evacuated to Walter Reed National Medical Center.  On 20 Dec 15, she was placed on MEDCON orders. 

On 19 Jan 16, her MEDCON orders expired although she was still receiving treatment (to include neurosurgery), the formal LOD investigation was not concluded and continuation of MEDCON orders was requested.  She was released from active duty although DOD policy for reservists who become incapacitated for medical reasons while deployed is to be continued on active duty.  

In Apr 16, she underwent brain surgery after the cause of her stroke was determined.  Due to the erroneous termination of her MEDCON orders, her treatment plan was stopped and she was ordered to leave Walter Reed on 22 Nov 16.

She answered the questions on her pre-deployment medical screening honestly and to the best of her understanding.  She did not attempt to conceal any medical or mental condition.  She had hypertension for a number of years and was receiving medication from the military and the VA to treat it.  She assumed her government medical records, including from the VA, were available to the Air Force and were reviewed by the Air Force.

In Jun 15, the Veterans Affairs (VA) failed to detect the blocked vessel when she was admitted to the VA Medical Center in Philadelphia, PA due to an ear ache and dizziness.  The VA doctors did not find anything specific except plaque in her arteries but thought she might have had a mild transient ischemic attack (TIA).  Her doctor indicated she was recovered and able to return to work.  She returned to her job at the Social Security Administration without incident and performed 15 days of active duty training in Aug 15 without incident.  

The informal LOD investigation concluded her stroke was incurred in the LOD (ILOD) and her anxiety disorder existed prior to service (EPTS) and was service aggravated.  However, the formal LOD investigation on 5 Dec 16, determined the conditions she suffered in Afghanistan were not in the LOD (NILOD).  

On 22 Aug 17, her appeal was granted and it was determined her conditions occurred ILOD.  Based on the approval of her appeal and ILOD determination, she is entitled to pay and allowance for the entire period from her medical evacuation from Afghanistan through 22 September 2017, when her unit issued new MEDCON orders for her.   

Because of the premature termination of her MEDCON orders, she is at risk of not being able to return to her job at the Social Security Administration even if she recovers enough to do so.  She also lacks the 18 months required to receive disability retirement under the Federal Employee Retirement Program.  She also faces significant obstacles to obtaining VA benefits and has been notified she is being separated from the Air Force Reserve.  She remains homeless, penniless, unemployed and without a car.  

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

STATEMENT OF FACTS:

The applicant is in the Air Force Reserve currently serving in the grade of Technical Sergeant (TSgt, E-6). 

Her DD Form 214, Certificate of Release or Discharge from Active Duty, shows she performed a period of active duty from 28 Sep 15 to 19 Dec 15.  Item 18, Remarks, states she was deployed in support of Operation ENDURING FREEDOM in accordance with 10 U.S.C. § 12302, Partial Mobilization. 

AF Form 3070B, Record of Nonjudicial Punishment Proceedings (TSgt thru CMSgt), dated 24 Nov 15 shows she received an Article 15 for failure to properly lock M-16 rifles in a weapons locker after retrieving her rifle, failure to document patients’ vital signs over a 12 hour period, failure to follow proper protocol when entering and exiting a room of a patient on contact and respiratory isolation and willfully failing to provide the correct diabetic meal for a patient by altering a marked food tray.  Punishment included forfeiture of pay in the amount of $450.00 and a reprimand.   

In an undated memorandum for record regarding the applicant’s Article 15 process, the Deputy Staff Judge Advocate for the 455th Air Expeditionary Wing, Bagram Field wrote the applicant had requested a new Area Defense Counsel (ADC); however, on 4 Dec 15, a CAT scan discovered she failed to disclose a medical condition (prior stroke) that would have made her non-deployable.  On 5 Dec 15, she was flown to Kaiserslautern, GE as she could not be in the AOR with her medical history.  

AF Form 938, Request and Authorization for Active Duty Training/Active Duty Tour, dated 29 December 2015, shows she was placed on MEDCON orders in accordance with 10 U.S.C. § 12301(b) to complete medical appointments and treatment for the period 20 Dec 15 to 18 Jan 16.  

On 5 Dec 16, the applicant’s condition was determined not in the LOD-due to own misconduct (NILOD-DOM).

In a letter dated 22 Aug 17, the AFRC/CV approved the applicant’s appeal her conditions be determined ILOD in accordance with AFI 36-2910, Line of Duty (LOD) Determination, Medical Continuations (MEDCON) and Incapacitation (INCAP) Pay, paragraph 2.4.3 and 2.4.4.  

AF Form 938 dated 26 September 2017, shows the applicant was placed on MEDCON orders in accordance with 10 U.S.C. § 12301(b) for the period of 22 September 2017 to 13 November 2017.  

The military personnel data system (MilPDS) reflects she is pending a medical evaluation board (MEB) with a medical hold date of 19 Mar 18. 

The applicant’s military pay records reflect a debt in the amount of $931.00 based on termination of MEDCON orders on 18 Jan 16.    

The remaining relevant facts pertaining to this application are described in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C and D.  

AIR FORCE EVALUATION:

AFRC/A1K recommends approval of the request for MEDCON orders and that her personnel participation records be corrected to reflect her limiting duty condition.  

The applicant deployed to Afghanistan in Sep 15 and on 4 Dec 15, while deployed, she suffered a stroke.  She was placed on MEDCON orders from 20 Dec 15 to 18 Jan 16.  Throughout 2016, she received medical treatment for her condition and was released from the hospital on 22 Nov 16.  During this time, her unit let her MEDCON orders expire which resulted in the cancellation of her treatment plan.  

A LOD was initiated in early 2016 and on 5 Dec 16, her condition was determined NILOD-DOM.  The applicant appealed the determination and on 22 Aug 17, AFRC/CV granted her appeal and determined the conditions occurred ILOD.  The applicant was placed on MEDCON orders for the period of 22 Sep to 13 Nov 17 and has resumed medical treatment.  From 5 Dec 15 through present, she has not been able to participate in any pay/point status.  She should be considered excused for any missed IDT due to her limiting condition.  

Once the applicant has approved MEDCON orders, she can contact TRICARE and submit a “TRICARE Reconsideration Request Form” to retroactively enroll for coverage.  Also, once she has received MEDCON orders, she will need to contact her local finance office for back pay and entitlements to include her pay and allowance continuation (PAC) pay.  Her PAC pay was reinstated in 2016; however, she never received the entitlement due the debt against her DFAS account.  In regards to her civilian employer, she will need to provide MEDCON orders to show proof she was on Title 10 status.  
   
A complete copy of the AFRC/A1K evaluation, with attachments, is at Exhibit C.

ARPC/DPTS recommends approval of the applicant’s request for participation credit should the Board grant MEDCON orders.  The applicant did not receive participation points while on her LOD approved treatment period from 19 Jan 16 to 21 Sep 17.

A minimum of 50 retirement points within an anniversary year is required to complete a satisfactory year of service per DODI 1215.07, Service Credit for Reserve Retirement, Enclosure 3.  The applicant’s anniversary year runs from 2 June to 1 June every year. 

A complete copy of the ARPC/DPTS evaluation, with attachment, is at Exhibit D.   

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 2 Feb 18, the applicant advised the AFBCMR by telephone she was in receipt of the Air Force evaluations and declined to submit a rebuttal response.      

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.  With respect to the applicant’s request that she be granted MEDCON orders, with back pay, points and benefits; we agree with the opinions and recommendations of the Air Force offices of primary responsibility (OPR) and adopt the rationale expressed as the basis for our conclusion the applicant has been the victim of an error or injustice.  With respect to the applicant’s request that her debt for Tricare premiums be remitted, we note the applicant’s debt will be canceled upon the issuance of MEDCON orders.  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 she was placed on active duty, for the purpose of medical continuation, for the period of 19 Jan 16 to 21 Sep 17, in accordance with Title 10, U.S.C. § 12301(h).

The following members of the Board considered AFBCMR Docket Number BC-2017-04710 in Executive Session on 6 Feb 18 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-2017-04170 was considered:

	Exhibit A.  DD Form 149, dated 26 Oct 17, w/atchs.
	Exhibit B.  Excerpts of Personnel Records
	Exhibit C.  Memorandum, AFRC/A1K, dated 14 Dec 17.
	Exhibit D.  Memorandum, ARPC/DPTS, dated 12 Jan 18.
	Exhibit E.  Letter, AFBCMR, dated 26 Jan 18.