RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01596 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His military records be corrected to show he was in an Active Duty (AD) status from 14 Aug 13 to 16 Mar 14. APPLICANT CONTENDS THAT: He returned from deployment injured and should have been kept on AD status while a Line of Duty (LOD) determination and Medical Continuation (MEDCON) order were in process. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is a Reservist who was ordered to AD at Dobbins Air Reserve Base, GA from 27 Dec 12 to 7 Aug 13. During the time period of the order, the applicant deployed to Afghanistan and injured his left ankle. On 5 Nov 13, after his return from his deployment and expiration of AD orders, an Informal Line of Duty Determination (ILOD), AFRC IMT 348, was initiated regarding the applicant’s ankle injury. On 19 Nov 13, the recommended finding was that the ankle injury was ILOD. On 18 Dec 13, the ILOD, AFRC IMT 348, was approved indicating the applicant had sprained his left ankle in the line of duty while playing basketball on 29 Jun 13 at Camp Phoenix, Afghanistan. From 17 Mar 14 to 3 Jul 14 the applicant was placed on Medical Continuation (MEDCON) orders per the AFPC/DPFA advisory, dated 29 May 14. AIR FORCE EVALUATION: AFPC/DPFA recommends disapproval, indicating there is no evidence the government or organizations within the government made a mistake. The Service Member (SM) received a finalized LOD which gives him access to care at military treatment facilities or a Department of Veteran’s Affairs (DVA) facility to receive additional medical care. The applicant was eligible for the Transition Assistance Management Program (TAMP), which provides 180 days of premium-free transitional health care benefits after regular TRICARE benefits end. The MEDCON Program is voluntary according to Secretary of the Air Force (SAF) policy. An SM 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 an LOD determination and a finding by a credentialed military health care provider that the Airman has an 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. The applicant did not provide any type of explanation as to why the MEDCON request was not submitted at the conclusion of the active duty tour (10 U.S.C. 12301(d) orders [27 Dec 12-7 Aug 13]), but did indicate medical treatment was being administered based on the injury highlighted within the LOD. The complete DPFA evaluation is at Exhibit C. AFBCMR Medical Consultant concurs with the DPFA assessment. No objective Service medical evidence has been supplied upon which to make a reasoned assessment of the applicant’s petition. Examples of required evidence would include profile restrictions, e.g., AF Form 422, Physical Profile Serial Report, or an AF Form 469, Duty Limiting Condition Report, prohibiting performance of certain duties, to include the AF Fitness Assessment and/or Mobility, initiated during the applicant’s period of active service or demobilization. The complete AFBCMR evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded by stating when he returned from deployment and in-processed, he reported that he was having issues with his ankle. He states he was told to see his civilian provider and return with those records. When he turned in those records, his orders were not extended. He indicates he learned at a later date, that his orders should have been extended and he should have been sent to a military provider for evaluation. He further states he had surgery 25 Nov 13, but up until that time he was using his personal leave to attend medical appointments and physical therapy. New MEDCON orders were finally approved and started 17 Mar 14. On 2 May 14, he had a second ankle surgery and was still under the doctor’s care as of the date of his response. The applicant provided his Notification of Air Force Member’s Qualification Status, AF Form 422, dated 31 Jul 14, which indicated that the applicant was not authorized duty assignments under field conditions and was not able to occupy a mobility position. The applicant provided his Duty Limiting Condition Report, dated 19 Aug 14, which referenced his assignment limitation code and his fitness assessment restrictions in regards to the run/walk, push-ups, and sit-ups. The applicant’s complete response 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 an injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error or injustice. We note the comments of AFPC/DPFA, indicating the applicant did not provide any type of explanation as to why the MEDCON request was not submitted at the conclusion of the AD tour, and of the AFBCMR Medical Consultant that no objective Service medical evidence has been supplied upon which to make a reasoned assessment of the applicant’s petition. However, we believe the applicant was not afforded appropriate counseling upon expiration of his active duty orders in regards to MEDCON orders, the resolution of his injury, and future treatment for his injury. This rationale is supported by the fact that the applicant was later put on MEDCON orders from 17 Mar 14 to 3 Jul 14, and that both the AF Form 422, Notification of Air Force Member’s Qualification Status, dated 31 Jul 14, and the Air Form 469, Duty Limiting Condition Report, dated 14 Nov 14, indicate the applicant was placed on duty restrictions concerning field condition assignments and fitness assessment limitations. In view of this, we believe the applicant has provided sufficient evidence to warrant his continued active duty status while his medical condition was being properly resolved. Therefore, we 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 8 August 2013, but was continued on active duty until 3 July 2014. All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-01596 was considered: Exhibit A. DD Form 149, dated 15 Apr 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPFA, dated 29 May 14. Exhibit D. Memorandum, AFBCMR, dated 7 Nov 14. Exhibit E. Applicant’s Response, dated 11 Dec 14.