RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05213 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He receive medical continuation (MEDCON) orders for the period 21 May 11 to 22 Jun 11 and 24 Sep 11 to 23 Dec 11. ________________________________________________________________ APPLICANT CONTENDS THAT: He was injured during his deployment to Turkey, but was erroneously released from active duty before his medical issue was resolved. His MEDCON request was repeatedly declined because his unit failed to complete his line of duty (LOD) determination. MEDCON orders were finally approved with a start date of 23 Jun 11. The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Air Force Reserve in the grade of technical sergeant (E-6). On 3 Sep 10, the applicant was ordered to active duty in support of Operation IRAQI FREEDOM for the period 22 Dec 10 through 22 Mar 11. His orders were subsequently amended with a new expiration date of 20 May 11. On 7 Feb 11, the applicant incurred an injury to his right lung. On 28 Feb 11, the applicant was placed on duty and mobility restriction. He was prohibited from pushing or pulling greater than 40 pounds, repetitive bending, running, walking greater than 0.1 miles and restricted from flying. The report further noted the applicant was undergoing an Medical Evaluation Board (MEB) to determine medical fitness for worldwide duty and retention. The applicant was restricted from permanent change of station (PCS), deployment, or mobility assignment until disposition was determined and reflected on a new AF Form 422. The applicant was requested to report for re-evaluation by a military physician and to furnish documentation from his private physician indicating the diagnosis, prognosis, further treatment, prescribed medication, planned follow-up care, physical limitations, duty restrictions, and release date by 1 Jun 11. On 13 Mar 11, a LOD determination was initiated. On 20 May 11, the applicant was released from active duty and reverted to his traditional (part-time) status as a member of the Reserve. On 9 Jun 11, the applicant’s injury was determined to be in LOD. On 23 Jun 11, the applicant commenced a MEDCON tour under the provisions of Title 10, United States Code, Section 12301 (h), which provides authority to order a member of the reserve forces to active duty to receive authorized medical care or to be medically evaluated for disability or other purposes. A member ordered to active duty under this authority may, with the member’s consent, be retained on active duty for medical treatment for a condition associated with the evaluation. On 23 Sep 11, the applicant was released from active duty and once again reverted to his traditional status. However, the applicant had not been cleared for return to duty. A MEDCON extension request was submitted and rejected to due missing documentation. On 6 Oct 11, a new MEDCON request was submitted. The request was declined due to discrepancies with the documentation and LOD issues. On 1 Nov 11, the MEDCON request was resubmitted and on 5 Dec 11 the request was declined due to new medical condition and an LOD had not been completed. ________________________________________________________________ AIR FORCE EVALUATION: AFMOA/SGHI recommends the request for MEDCON orders for the period 21 May 11 to 22 Jun 11 be approved. The applicant’s unit failed to submit the MEDCON request in a timely manner. Per MEDCON guideline had his unit submitted the request on the date the LOD was completed through his unit commander the applicant would have qualified for MEDCON orders. However, his request for MEDCON orders for the period 24 Sep 11 through 23 Dec 11 should be denied as there was no documentation provided to justify maintaining the applicant on MEDCON orders. 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 evaluations was forwarded to the applicant on 17 Jul 13 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. We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice with respect to his request for MEDCON orders for the period 21 May 11 through 22 Jun 11. As for his request for MEDCON orders for the period 24 Sep 11 through 23 Dec 11, we also believe that relief is warranted. We note the comments of the Air Force OPR indicating that the applicant provided insufficient documentation to justify his retention on active duty orders during this period. However, in view of the fact the applicant has presented evidence indicating that through no fault of his own, his unit repeatedly failed to timely submit a properly constituted request for MEDCON orders during the matter under review, we are not inclined to presume the unit’s requests related to this second period of duty were processed in accordance with the governing instructions. Therefore, we believe it appropriate to 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 20 May 2011, but on that date, he continued to serve on active duty for the purposes of medical continuation (MEDCON) until 23 December 2011, when he was released from active duty. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-05213 in Executive Session on 22 Oct 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 26 Sep 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFMOA/SGHI, dated 28 Jun 13. Exhibit D. Letter, SAF/MRBR, dated 17 Jul 13. Panel Chair