RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05587
		
	   		COUNSEL:  NONE

			HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

She be placed on Medical Continuation (MEDCON) Orders from 1 November 2013 through 25 November 2013. 


APPLICANT CONTENDS THAT:

She was not granted Medical Continuation Orders because the decision to verify them was completed after a break in service.  
Her unit has submitted a request for Incapacitation Pay on her behalf beginning 1 November 2013.  She has submitted a timeline of 
the events for the Boards consideration.

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


STATEMENT OF FACTS:

The applicant is a member of the Air National Guard Air serving in the grade of master sergeant. 

The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of 
primary responsibility which is included at Exhibit B.


AIR FORCE EVALUATION:

AFPC/DPFA recommends denial.  The applicant was originally on Title 10 MPA orders from 1 August 2013 through 30 September 2013.  
While on orders, she suffered abdominal pain, was examined and subsequently underwent surgery on 12 September 2013.  A Line of 
Duty (LOD) was started on 29 August 2013 and determined the condition existed prior to service but was service aggravated.  
This effectively found the condition was in the line of duty.

Prior to the end of her original Title 10 orders, she was approved for a 30-day pre-MEDCON order extension.  She was on these orders 
from 1 through 30 October 2013.  A MEDCON package was completed on 16 October 2013, but was returned without action.  The package was 
submitted again on 31 October 2013.   The package was verified on 6 November 2013 by NGB/SG staff and forwarded to AFPC/DPFA for approval.

There are three requirements for placement on MEDCON orders.  The first requirement is that the injury or illness renders the 
service member unable to perform military duties.  Secondly, the injury or illness must require treatment.  The final requirement 
is the injury must have occurred while in the line of duty.  If the service member will not experience a break in orders, an 
interim line of duty is acceptable to establish LOD eligibility.  Once a member experiences a break in service, the line of duty has 
to be finalized to establish LOD eligibility.

The applicant’s MEDCON request was disapproved by AFPC/DPFA because her orders ended on 31 October 2013, she suffered a break 
in service and her LOD was not finalized in accordance with 15 August 2012 Secretary of the Air Force MEDCON Policy Guidelines.

The applicant’s package contained two completed and signed different MEDCON Program Letters of Acknowledgment (LOA).  The 
first LOA was an older version and the second was the most current version.  Both LOA’s required the application be received 7 or 10 
business days prior to the end of the orders.  A complete and accurate package was not submitted until 31 October 2013, the last 
day of orders and not in compliance with either agreed to LOA.

The complete AFPC/DPFA evaluation is at Exhibit B.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant feels she should not be punished for an administrative oversight that was out of her control.  She 
followed-up on a daily basis to ensure the package was submitted in a timely manner.  The MEDCON package was submitted on 
16 October 2013, which was within the 7 to 10 day timeframe.

The applicant’s complete response, with attachments, 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.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took 
notice of the applicant’s complete submission in judging the merits of the case, to include her response to the Air Force 
advisory; however, we are not persuaded relief should be granted.  While the applicant is requesting MEDCON orders it appears that 
the request was not prepared or met the criteria outlined in accordance with the MEDCON Policy Guidelines.  As such, we agree 
and find the evidence submitted insufficient to override the rationale provided by the Air Force office of primary 
responsibility.  However, we note the applicant states that her unit has submitted a request for INCAP pay for the period in 
question which appears to be a more appropriate avenue for relief.  Therefore, in the absence of evidence to the contrary, we find no 
basis to recommend granting the requested relief.


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.


The following members of the Board considered AFBCMR Docket Number BC-2013-05587 in Executive Session on 7 October 2014, under the provisions of 
AFI 36-2603:

Although, XXXXXXXXXX chaired the panel, in view of her retirement, XXXXXXXXXX has signed as Acting Panel Chair.   The following documentary 
evidence was considered:

	Exhibit A.  DD Form 149, dated 12 Dec 13, w/atchs.
	Exhibit B.  Letter, AFPC/DPFA, dated 13 Feb 14.
	Exhibit C.  Letter, SAF/MRBR, dated 29 Aug 14.
	Exhibit D.  Letter, Applicant’s Rebuttal, dated 25 Sep 14.