RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01680 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was not released from active duty on 2 Sep 11, but continued to serve on active duty for medical continuation (MEDCON) through 12 Dec 11. ________________________________________________________________ APPLICANT CONTENDS THAT: He should have been retained on active duty continuously through his first and second surgeries and recovery from the line of duty (LOD) injury he incurred while deployed to Iraq. In support of his request, the applicant provides copies of excerpts from his military personnel records and civilian and service medical records. The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he served as a traditional (part-time) member of the Air Force Reserve during the matter under review. On 3 Sep 10, the applicant was ordered to active duty in support of Operation NEW DAWN and deployed to Iraq. On 30 Dec 10, the applicant reported to the deployed medical facility complaining of an injury to his left knee. He was diagnosed with a potential meniscal injury. He was released with duty limitations and directed to follow up for further evaluation when he returned to his home station from deployment. On 26 Jan 11, the applicant departed the NEW DAWN area of responsibility to return to his home station. On 1 Feb 11, an AF Form 422, Duty Limiting Condition Report, was issued which imposed duty restrictions on the applicant, with an expiration date of 2 Sep 11. According to documentation provided by the applicant, he was required to sign various letters of acknowledgement wherein he acknowledged his responsibilities with respect to his LOD determination and request for retention on active duty for MEDCON. On 5 Mar 11, an LOD determination was initiated to evaluate the applicant’s knee injury for service connection and the recommended finding of in the LOD was approved on 29 Apr 11. On 5 Apr 11, according to medical documentation provided by the applicant, he underwent an arthroscopic procedure on his left knee. The applicant was subsequently seen by his primary care provider at several follow-up visits where his return to full duty was consistently projected to be 2 Sep 11. On 17 Aug 11, the applicant was approved for nine additional physical therapy appointments, the last of which was scheduled for 7 Sep 11. On 31 Aug 11, an AF Form 422, Duty Limiting Condition Report, was issued subjecting the applicant to both duty and mobility restrictions through 1 Oct 11. On 2 Sep 11, the applicant’s active duty orders expired and he was released from active duty and reverted to his traditional (part-time) status as a member of the Air Force Reserve. On 10 Sep 11, an AF Form 422, Duty Limiting Condition Report, was issued which extended the applicant’s mobility restrictions through 8 May 12. On 20 Sep 11, the applicant reported for a follow-up appointment complaining that his pain remained unchanged despite his previous surgery. His attending physician ordered an MRI which was conducted on 29 Sep 11 and revealed the need for another surgical intervention. On 3 Oct 11, the applicant reported for follow-up where his physician continued his restrictions and directed follow-up after the second surgery. On 21 Oct 11, the applicant executed a letter of acknowledgement wherein he acknowledged his rights and responsibilities associated with his request for MEDCON orders. On 15 Nov 11, the applicant underwent his second arthroscopic surgery of his left knee. On 13 Dec 11, the applicant was ordered to active duty for the purposes of MEDCON through 4 May 13. SAF/AA Policy Memorandum, Return to Active Duty of Air Reserve Component Members Unable to Perform Military Duties, dated 8 Dec 06, provides that members who are released from active duty, but subsequently become unable to perform military duty as a result of an LOD condition, will be voluntarily returned to active duty until they are fit for duty or separated from the service via the Disability Evaluation System (DES). To be eligible under this policy, Airmen shall have a medical diagnosis rendering them unable to perform military duties and a LOD determination documenting the condition was incurred or aggravated in the LOD. 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. ________________________________________________________________ AIR FORCE EVALUATION: AMOA/SGHI recommends the applicant’s request be approved, indicating the records should be corrected to reflect the applicant’s active duty order was extended to initiate an LOD determination and AF Form 469 when further medical evaluation was warranted as set forth in AFI 48-123, Medical Examinations and Standards. A complete copy of the AFMOA/SGHI evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to applicant on 19 Jun 12 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has not 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. The applicant contends that he should not have been released from active duty on 2 Sep 11, but continued to serve on active duty for the purposes of medical continuation (MEDCON) while he received treatment for the injury he incurred in the line of duty (LOD). After a thorough review of the evidence of record and the applicant’s complete submission, we agree. In this respect, we note that the evidence before us indicates the applicant’s LOD injury rendered him unfit to perform his military duties during this period and, thus, should have formed the basis for his continued retention on MEDCON orders. In this respect, we note that on 31 Aug 11, competent medical authority subjected the applicant to significant duty and mobility restrictions due to said injury and the applicant eventually required surgery, which was performed during the requested period. As a result of the surgery, the applicant was once again placed on MEDCON orders to recuperate. Therefore, in view of the above, we believe the applicant has presented substantial evidence that indicates he was unfit for duty during the requested period and therefore should not have been released from active duty, but been allowed to continue to serve on MEDCON orders until his condition was materially resolved. 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 2 September 2011, but on that date, continued to serve on active duty for the purposes of medical continuation (MEDCON) through 12 December 2011. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-01680 in Executive Session on 19 Sep 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 Mar 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFMOA/SGHI, dated 23 Apr 12. Exhibit D. Letter, SAF/MRBR, dated 19 Jun 12. Panel Chair