RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-00996
			COUNSEL:  NONE
			HEARING DESIRED:  NO

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THE APPLICANT REQUESTS THAT:

He be placed on Medical Continuation (MEDCON) orders from 
1 Sept 11 – 27 Sep 12, based on injuries he sustained In the 
Line of Duty (INLOD).  

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THE APPLICANT CONTENDS THAT:

He was not offered MEDCON entitlements.  He was supposed to be 
medically retained for service connected injuries until properly 
treated and returned to duty or medically retired.  He was 
subsequently forced into a Leave Without Pay (LWOP) status as a 
Title 32 military technician pending a Medical Evaluation Board 
(MEB) decision.

In support of his appeal, the applicant provides copies of his 
disability retirement orders; mobilization orders, and various 
other documents associated with his request.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

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STATEMENT OF FACTS:

The applicant served on a temporary tour of active duty, from 
1 Nov 10 – 31 Aug 11.    

On 9 Jan 12, the applicant met an MEB and was diagnosed with 
Asthma and his case was referred to the Informal Physical 
Evaluation Board (IPEB).  On 9 Jul 12, the IPEB found the 
applicant unfit and recommended a medical retirement with a 
compensable disability rating of 50 percent.  On 26 Jul 12, the 
applicant agreed with the IPEB’s findings.  On 31 Jul 12, the 
Secretary of the Air Force Personnel Council directed that the 
applicant be permanently disability retired with a compensable 
disability rating of 50 percent.  

On 27 Sep 12, the applicant was permanently retired for 
disability with a compensable disability rating of 50 percent.  
He was credited with 9 years and 29 days of active service for 
retirement and 21 years, 3 months, and 11 days of service for 
pay.  

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THE AIR FORCE EVALUATION:

AFMOA/SGHI recommends denial, stating, in part, that the 
applicant was not eligible for MEDCON managed through the 
Command Man-Day Allocation System (CMAS).

The CMAS does not show any record of a MEDCON request for the 
applicant.  His orders indicate that he was on Active Duty for 
Operational Support (ADOS), Title 10 USC 12301 (D) orders at the 
time of his illness.  No other orders are available to indicate 
the applicant was on Title 10 12301 (D) mobilization/partial 
mobilization orders at the time of his illness, diagnosis, or 
IDES recommendation.  Air Force Form 469, Duty Limiting 
Condition Report, was initiated on 24 Mar 2011 while on the ADOS 
orders, indicating duty and mobility restrictions and a code 37.  
This code indicates that the applicant’s condition is expected 
to require an MEB.  A Line of Duty (LOD) was not submitted or 
available.  Therefore, SGHI was unable to determine if the 
applicant's condition was In Line of Duty {ILOD) - Yes, S/A 
(Service Aggravated), or N/A (Not Applicable), which is a 
requirement to determine MEDCON eligibility.

MEDCON managed by SGHI and through CMAS does not provide orders 
for ADOS tours.  The applicant may have been eligible for MEDCON 
managed through the Air National Guard (ANG).  However, the LOD 
is required for MEDCON managed through the ANG program as well.

The complete SGHI evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 5 Aug 13 for review and comment within 30 days.  As 
of this date, no response has been received by this office 
(Exhibit D).

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation 
of AFMOA and adopt its rationale as the basis for our conclusion 
that the applicant has not been the victim of an error or 
injustice.  Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting the relief 
sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-00996 in Executive Session on 19 Dec 13, under 
the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Feb 13. 
    Exhibit B.  Applicant’s Available Master Personnel Record.
    Exhibit C.  Letter, AFMOA/SGHI, dated 8 Jul 13.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Aug 13.




                                   Panel Chair