RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2013-05621

			COUNSEL:  NONE

			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

He receive active duty orders for the period 13 – 20 Nov 13.


APPLICANT CONTENDS THAT:

A Line of Duty Determination (LOD) is required to be authorized Medical Continuation (MEDCON) orders.  

His first LOD was informal; the second LOD was initiated to validate continuation on active duty; the LOD, prognosis and a 
plan of care must be submitted every 45 days; however, there was some confusion with the process, so his request for MEDCON was not 
submitted until his active duty orders had ended.

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


STATEMENT OF FACTS:

According to DD Form 214, Certificate of Release or Discharge from Active Duty, issued on 27 Feb 12, on 7 Oct 11, the applicant was 
recalled to Extended Active Duty (EAD) in support of Operation ENDURING FREEDOM.  The applicant served in the Area of 
Responsibility (AOR), Afghanistan from 13 Oct – 22 Dec 11.

According to Special Order, ACD-02373, dated 16 Jun 14, on 28 Sep 14, the applicant’s name was placed on the Temporary Disability 
Retired List (TDRL), with a compensable disability rating of 70 percent.  He was credited with 8 years and 2 days of active 
duty and 26 years, 4 months, and 12 days of service for basic pay.


AIR FORCE EVALUATION:

AFPC/DPFA recommends denial, indicating there is no evidence of an 
error or injustice.  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 
LOD and a finding by a credentialed military health care provider 
that the airman has a unresolved health condition requiring 
treatment and renders the airman unable to meet retention or 
mobility standards In Accordance With (IAW) AFI 48-123, Medical 
Examinations and Standards, chapters 5 and 13.

DPFA notes that entry into the MEDCON Program is voluntary and 
prior to being placed on MEDCON orders servicemembers (SM) must 
sign an acknowledgement form stating they are aware of their 
responsibilities and outlines the goals of the MEDCON staff:

      1.  To ensure Air Reserve Component (ARC) members receive 
medical care and treatment entitlements.

      2.  Provide appropriate Military Personnel Appropriation 
(MPA) Man-day Program MEDCON support through Command Manday 
Allocation System (CMAS) by thorough validation of the medical 
facts and supporting medical documentation.

ARC members are partners in this process and play a necessary and 
important role in assuring the information related to their 
individual case is continually communicated to the Commander and 
Medical Point of Contact (POC).  The applicant did not provide any 
evidence such as an LOD or qualifying orders, nor treatment plan 
to determine whether he would be eligible for MEDCON.  CMAS does 
not show any indication the applicant has ever submitted a request 
for MEDCON orders.
 
The complete DPFA evaluation is at Exhibit C.

NGB/SGPA recommends denial, noting a request for MEDCON orders 
requires medical documentation to support and validate a request.  
The request for MEDCON was submitted after the applicant orders 
had ended.  Had the request been made prior to the end of orders, 
the applicant would have been eligible.  In addition, this case 
has been reviewed and denied by DPFA (Air Reserve Component 
Medical Case Division (ARC-CMD)).

The complete SGPA evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 23 Jan 15 for review and comment within 30 days 
(Exhibit E).  As of this date, no response has been received by 
this office.


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 and while we note the applicant contends there was some confusion in the processing of his request, he has not 
provided any evidence to substantiate his claim.  Therefore, we agree with the opinion and recommendation of the Air Force Offices 
of Primary Responsibility (OPRs) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of 
an error of injustice.  We note that NGB/SGPA indicates had the applicant’s request been submitted in time he would have been 
eligible for MEDCON; hence, should the applicant provide additional evidence to support his appeal, we may be willing to 
reconsider his request.  In view of the above and 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-2013-05621 in Executive Session on 26 Feb 15 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 3 Dec 13, w/atchs.
	Exhibit B.  Pertinent Excerpts from Personnel Records.
	Exhibit C.  Letter, AFPC/DPFA, dated 18 Feb 14.
	Exhibit D.  Letter, NGB/A1PS, dated 10 Apr 14.
	Exhibit E.  Letter, SAF/MRBR, dated 23 Jan 15.