RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04185 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He receive back pay for the period 1 Dec 10 to 15 Jul 11. _________________________________________________________________ APPLICANT CONTENDS THAT: 1. On 12 Nov 10, he was treated for blood clots and on 29 Nov 10, he was released from active duty while still undergoing treatment and a medical evaluation board (MEB). 2. His chain of command and medical units worked tirelessly to establish medical continuation (MEDCON) orders for him, to no avail. In support of his request, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty; AF IMT 618, Medical Board Report, and other documents in support of his application. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant was mobilized from 15 Jun 09 to 29 Nov 10 in support of Operations IRAQI FREEDOM, ENDURING FREEDOM and NOBLE EAGLE. He served in support of these Operations during the following periods: 15 Jun 09 to 5 Jul 10; 25 Jul 10 to 29 Nov 10. On 7 Jun 11, the applicant’s records met a MEB for pulmonary embolism and deep venous treatment, right lower extremity. The MEB recommended the applicant’s records meet an Informal Physical Evaluation Board (IPEB). He agreed with the findings and recommendation of the MEB. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFMOA/SGHI recommends denial. SGHI states the Command Man- day Allocation System (CMAS) authorizations reflect the applicant was on continuous active duty orders from 25 Jul 10 to 29 Nov 10. Additionally, CMAS shows MEDCON authorization from 1 Aug 11 to 26 Feb 12. CMAS notes indicate the applicant’s MEDCON request was not submitted until 14 Dec 10, which created a break in service for the applicant. After numerous attempts of being “declined and resubmitted through 6 May 11, his case was declined secondary to not in the Disability Evaluation System (DES).” The recommendation was to resubmit once the applicant was in the DES as evidenced by an AF IMT 618. Per SAF/AA memo, 8 Dec 06, Return to Active Duty of Air Reserve Component Members Unable to Perform Military Duties, paragraph 2, “Entitlement under this policy shall begin when the condition renders the airman unable to perform military duties; not when the injury occurred or when the airman was released from active duty.” No evidence was found indicating the applicant was unable to perform his military duties. The complete SGHI evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 24 Jan 12 for review and comment within 30 days (Exhibit C). As of this date, this office has not received a 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 to warrant relief. While we note the recommendation of the Air Force office of primary responsibility to deny the applicant’s request, the evidence reflects the applicant was treated for a medical condition in Nov 10 and, contrary to established guidance, he was not retained on active duty until processed through the disability evaluation system. As such, we believe he should be placed on MEDCON orders for the period 1 Dec 10 to 31 Jul 11. In view of the above and in the interest of equity and justice, we recommend his record be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was not released from active duty on 29 November 2010 but on that date he was continued on active duty until 31 July 2011. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04185 in Executive Session on 21 Jun 12, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Oct 11, w/atchs. Exhibit B. Letter, AFMOA/SGHI, dated 20 Jan 12, w/atch. Exhibit C. Letter, SAF/MRBR, dated 24 Jan 12.