RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03005 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be placed on medical continuation (MEDCON) orders from 9 Nov 11 until he is returned to duty or disability separated. ________________________________________________________________ THE APPLICANT CONTENDS THAT: In accordance with the governing directive, since his initial active duty training (IADT) tour was over 31 days or more when his injury occurred, he should not have had a break in service during this period. In support of his appeal, the applicant provides copies of ANGI 36-3001, Military Entitlement, Air National Guard Incapacitation Benefits; extracts from his medical records, and various other documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant, a member of the Air National Guard (ANG), while completing his IADT orders from 15 Jun 10 - 8 Nov 11, experienced pain in his left knee starting in Jan 11 and received treatment through Oct 11. The orthopedic clinic determined that surgery was required to remove a benign cyst. The applicant was directed to return to his home of record (HOR) and continue the medical process associated with removal of the cyst. The applicant IADT tour orders ended on 8 Nov 11. The applicant was subsequently placed on MEDCON orders starting 25 Jul 12. ________________________________________________________________ THE AIR FORCE EVALUATION: NGB/A1P concurs with A1PS recommendation to amend the applicant’s orders to include the period from 9 Nov 11 - 24 Jul 12. A1PS notes the documentation provided supports the applicant’s injury while on BMT (Title 10) orders. When he returned to his duty station, a Line of Duty (LOD) was completed and his injury was deemed "In the Line of Duty." Documentation was acquired from his unit requesting MEDCON days from 25 Jul 12 - 23 Sep 12 for the surgery to remove the cyst. MEDCON eligibility requires an LOD determination and a finding by a credentialed military health care provider that the airman has an unresolved health condition requiring treatment and renders him/her unable to meet retention or mobility standards in accordance with (IAW) AFI 48- 123, Medical Examinations and Standards. The complete A1P evaluation, with attachments, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant questions A1P’s recommendation to correct the records because as of Jan 13, he was still on MEDCON orders, he is not sure when his orders will end. He believes he should remain on orders and wants to ensure that his orders will continue until his condition is fully resolved. The applicant’s complete response is at Exhibit D. ________________________________________________________________ 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 error or injustice warranting corrective action. The National Guard Bureau office of primary responsibility has adequately addressed the issues presented by the applicant and we are in agreement with its recommendation to grant the requested relief. In view of the applicant’s concern that he be continued on MEDCON orders until his condition is resolved, the NGB was contacted and they have confirmed that he will remain on MEDCON orders for the duration of his medical evaluation and treatment. Accordingly, we recommend the applicant’s record be corrected as indicated below. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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 8 Nov 11, but on that date, he was continued on active duty until 24 Jul 12. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-03005 in Executive Session on 26 Feb 13, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. Although, Mr. chaired the panel, in view of his untimely death, Mr. has signed as Acting Panel Chair. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 3 Jul 12, w/atchs. Exhibit B. Letter, NGB/A1P, dated 26 Nov 12, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 14 Dec 12. Exhibit D. Letter, Applicant, dated 4 Jan 13.