RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01998 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be continued on Medical Continuation (MEDCON) orders from 1 September 2011 through 29 February 2012. ________________________________________________________________ APPLICANT CONTENDS THAT: He has been under continuous medical care since a botched surgery was performed on him in February 2009 at Wilford Hall Medical Center. In April 2011, a medical evaluation board (MEB) was initiated and on 1 September 2011, the Air Force Medical Operations Agency (AFMOA) terminated his MEDCON orders. The orders were not reinstated until 1 March 2012, even though he was under continuous medical care and awaiting the decision of the MEB during that entire period. In support of his request, the applicant submits copies of medical documents and a letter from his attending physician. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to documents extracted from the Air Force Automated Records Management System (ARMS), and submitted by the applicant, he is a former member of the Air Force Reserve who enlisted on 22 August 1995 and was released from his current unit of assignment on 27 June 2013, and placed on the Temporary Disability Retired List (TDRL) effective 27 June 2013. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFA recommends denial. DPFA states the documentation provided indicates the applicant received treatment for non-line of duty (LOD) conditions during the period in question. A LOD for one of these conditions was initiated on 16 Aug 2011, and signed by the Commander on 18 Aug 2011. Because the applicant was still on orders at that time, an interim LOD was acceptable and satisfied the requirement for MEDCON eligibility. However, documentation in CMAS suggests the LOD was not forwarded prior to the expiration of the applicant’s orders. Once the orders ended, the LOD was required to be completed through HQ AFRC for determination. This was completed on 30 Nov 2011. There is no evidence to suggest this LOD was in CMAS prior to 28 February 2012. Additionally, the applicant was not in the disability evaluation system (DES) process at the time his orders expired. The complete AFPC/DPFA evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 1. In further support of his appeal, the applicant states that the information AFMOA gave to AFPC/DPFA is incorrect. He has been under continuous medical treatment for abdominal pain ever since he was diagnosed with the condition in late 2009, and he continues to receive treatment for this condition under the care of his doctor at the Pain Clinic in Fort Sam Houston. Additionally, in September 2011, he was referred to the Psychology Clinic at Wilford Hall Medical Center for treatment of his PTSD and has continued that treatment to date. His medical records clearly show that he has been receiving continuous medical care for both of these conditions. 2. As background, he was initially briefed by his 1st PEBLO on 14 Apr 2011. The 1st PEBLO made a request to his unit for an LOD for his PTSD. That request caused a prolonged and unnecessary delay of the disability evaluation system (DES) process because his PTSD condition was incurred while he was on active duty status in the Army, and unbeknownst to him and the 1st PEBLO an administrative LOD from the Air Force Reserve Command was already on file. AFMOA overlooked this information as well and proceeded to cancel his MEDCON orders. Since this entire process began, he has received the wrong information or has been misguided by the personnel assigned to handle the DES process. He is a C-5 Crew Chief and possesses extensive knowledge when it comes to his job but when it came to the DES process, he had no previous knowledge or training on how to proceed. This learning process has taken a tremendous toll on him and his family. He has had to endure financial and emotional hardship because the personnel assigned to his case have continuously made mistakes or withheld information. 3. In June 2012, his newly assigned 2nd PEBLO determined that he did not need to wait any longer for the LOD pertaining to his PTSD, which the 1st PEBLO had erroneously requested. The 2nd PEBLO got everything squared away and the DES process moved along without a hitch. On 27 June 2013, he was placed on the Temporary Disability Retired List (TDRL) and the VA awarded him a disability rating of 90%. However, he and his family are under severe financial hardship now that he is in TDRL status and unable to work. The applicant’s complete response, with attachments, is at Exhibit E. ________________________________________________________________ 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. After considering the totality of the evidence before us, and noting the recommendation from AFPC/DPFA to deny relief, we are persuaded that relief is warranted in this case. In this regard, we note that in accordance with DoDI 1241.2, Reserve members on orders for more than 30 days who incur a condition in the line of duty that renders them unfit for military duty will be retained on active duty orders until they are either found fit for duty or separated through the disability evaluation system (DES). In view of this and since the applicant was on such orders at the time of his diagnoses of Post-Traumatic Stress Disorder (PTSD), which was determined to be in the line of duty (ILOD), he should have been retained on active duty until the final disposition of his medical evaluation board (MEB) processing occurred. Therefore, 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 1 September 2011, but was continued on active duty until 29 February 2012. The following members of the Board considered this application in Executive Session on 6 February 2014, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence was considered in AFBCMR Docket Number BC-2013-01998: Exhibit A. DD Form 149, dated 17 April 2013, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPFA, dated 6 June 2013. Exhibit D. Letter, SAF/MRBR, dated 5 August 2013. Exhibit E. Letter, Applicant, dated 28 August 2013, w/atchs. Chair