RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03136 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was not released from active duty on 15 September 2010, but continued to serve for the purposes of medical continuation (MEDCON) through 12 February 2012. ________________________________________________________________ APPLICANT CONTENDS THAT: He was released from active duty while actively being treated for a shoulder injury despite his consistent requests to be retained for medical continuation. As a result, he was deprived of pay and allowances to which he would have been duly entitled had he been retained on active duty from the onset of his injury until his case was resolved. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he served in the Air Force Reserve in the grade of technical sergeant (E-6) during the matter under review. On 9 May 2010, the applicant was ordered to active duty under Title 10, United States Code, Section 12301 (MAJCOM TASKING) in support of Operation IRAQI FREEDOM. On 11 August 2010, the applicant indicated while performing military duties he injured himself while lifting a gate. He sought medical treatment for right shoulder pain and was referred to physical therapy. On 25 August 2010, the applicant was evaluated by a physical therapist for treatment of his right shoulder injury. On 31 August 2010, 2 September 2010, 8 September 2010, and 15 September 2010, the applicant received physical therapy sessions for his shoulder injury. On 15 September 2010, an AF Form 469, Duty Limiting Condition Report, was initiated that restricted the applicant’s duty and mobility from 15 September 2010 through 28 September 2010. On 15 September 2010, the applicant was released from active duty and reverted to his traditional (part-time) status as a member of the Air Force Reserve. On 17 September 2010, and 22 September 2010, the applicant continued to receive physical therapy. On 29 September 2010, an AF Form 469, Duty Limiting Condition Report, was initiated that restricted the applicant’s duty and mobility from 29 September 2010 through 30 November 2010. On 2 October 2010, the applicant was seen for shoulder pain. On 15 October 2010, the applicant had a follow-up appointment for his shoulder. On 27 October 2010, according to AFMOA/SGHI, the initial request for MEDCON orders for the period 16 September 2010 through 30 November 2010 was submitted. In accordance with Air Force Instruction 48-123, Medical Examination and Standards, an Airman may be eligible for MEDCON orders when an injury, illness, or disease is incurred or aggravated while serving on orders and that condition renders the Airman unable to perform military duties. MEDCON eligibility requires a Line of Duty (LOD) determination and a finding by a credentialed military health care provider that the Airman has an unresolved health condition requiring treatment and renders the Airman unable to meet retention or mobility standards in accordance with AFI. On 6 November 2010, an informal LOD determination was initiated to evaluate the applicant’s right shoulder injury for service connection. The investigating officer recommended the applicant’s condition be found to be in the LOD and the appointing authority concurred with the finding of the LOD on 12 November 2010. On 4 December 2010, an AF Form 469, Duty Limiting Condition Report, was initiated that removed the applicant’s mobility restrictions. However, he remained on duty restrictions until 6 February 2011. On 11 January 2011, the LOD determination of in the line of duty was approved by the AFRC approving authority. On 24 January 2011, the applicant’s request for medical continuation orders for the period 16 September 2010 through 30 November 2010 was declined because the MEDCON package was incomplete. The applicant’s profile was not current; he was not on mobility restriction and was not subject to an assignment limitation code. In addition, more medical information was needed. On 7 February 2011, the applicant was seen for a follow-up after MRI on right shoulder. On 28 March 2011, the applicant was seen by the orthopedic surgery clinic and the report indicates that he was injured while lifting weights well over a year ago and then he was pulling up a post at a gate and had increasing pain in the shoulder. He was subsequently involved in a motor vehicle accident. On 21 June 2011, an AF Form 469 Duty Limiting Condition Report, was initiated to restore the applicant’s mobility restrictions until 6 February 2012. On 30 July 2011, the applicant was ordered to active duty for a period of 14 days to participate in annual training. On 7 November 2011, the applicant was ordered to active duty for a period of 3 days to participate in annual training. On 15 November 2011, the applicant had surgery to repair the injury to his right shoulder. On 6 February 2012, the applicant was ordered to active duty for a period of 5 days to participate in annual training. On 12 February 2012, the applicant was ordered to active duty for the period 12 February 2012 through 13 March 2012 for the purpose of MEDCON to recover from surgery and physical therapy. On 29 June 2012, an AF Form 422, Notification of Air Force Member’s Qualification Status, indicate the applicant is exempt from physical fitness training. His profile and recommendation will be renewed until his condition has resolved adequately or it is determined that a medical evaluation board is required. The expiration of his profile will be 25 March 2013. ________________________________________________________________ AIR FORCE EVALUATION: AFMOA/SGHI recommends denial, indicating the applicant’s initial request for medical continuation orders were not submitted until 27 October 2010, which was after his date of separation from active duty. In addition, a Line of Duty (LOD) determination was not initiated until 6 November 2010. Nevertheless, since the applicant’s active duty orders ended, a LOD was required. There is no evidence a request was made for MEDCON orders prior to the termination of the applicant’s active duty orders, as such, his request should not be granted. However, if a favorable decision is made, the effective date should be 15 November 2011 through 12 February 2012, which indicates the date of the applicant’s surgery until the ending date of his request for relief. 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 the applicant on 19 February 2013 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 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 warranting partial relief. The applicant contends he should not have been released from active duty, but continued on active duty for the purpose of medical continuation (MEDCON) until he was able to fully return to duty. While it appears as though the applicant did incur or aggravate an injury in the line of duty (LOD) during his active duty tour, we are not convinced by the evidence presented that said injury rendered him unfit during the requested period and, thus, should have formed the basis for his continuation on active duty for the period requested in its entirety. In this respect, we note that his shoulder complaints appear to have waxed and waned in severity at a given time, dependent upon his activities. In our view, this apparent non- sustained level of severity of the applicant’s symptoms, may have contributed to the reason he was not placed and maintained on uninterrupted active duty orders. Additionally, we note the applicant has not presented evidence that his injury precluded him from performing his military duties or from participating in unit training assemblies or annual training during the requested period. Nevertheless, we also note the applicant eventually underwent surgical repair of his shoulder injury on 15 November 2011 and, in view of the fact that he was subsequently placed in a MEDCON status for the period from 12 February 2012 through 13 March 2012 to recuperate from said procedure, we find it reasonable to believe that he was unfit for duty as early as the day of his surgery and should have been provided MEDCON orders from that day forward. Although the applicant requests that he be placed on MEDCON orders through 12 February 2012, we find that 11 February 2012 is the more appropriate termination date, since his records already reflect he was in a MEDCON status on 12 February 2012. Therefore, we recommend the applicant’s records be corrected to the extent 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 on 15 November 2011, he was ordered to active duty (voluntary) for the period 15 November 2011 through 11 February 2012, under the provisions of Section 12301(h) of Title 10, United States Code, for the purpose of medical continuation. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-03136 in Executive Session on 14 May 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 July 2012, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFMOA/SGHI, dated 14 February 2013. Exhibit D. Letter, SAF/MRBR, dated 19 February 2013. Panel Chair