RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-02479 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: He be placed on Medical Continuation (MEDCON) orders for the period from 25 Jul 12 to 26 Mar 15. APPLICANT CONTENDS THAT: Upon his redeployment from Afghanistan, in order to conduct nerve testing and other appointments as necessary, he should have been placed on MEDCON orders for unresolved medical conditions (right hand, arm and elbow condition, cough, chronic tinnitus, watery eye condition, sleep disorder, etc.). The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is a member of the Air Force Reserve serving in grade of lieutenant colonel (O5). The applicant was on active duty for the period of 10 Dec 11 through 24 Jul 12, at which time he was released from active duty and reverted to his traditional status. The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force office of primary responsibility (OPR) and the AFBCMR Individual Mobilization Augmentee (IMA) Medical Consultant, which are attached at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPFA recommends denial indicating there is no evidence of an error or an injustice. The applicant’s submission lacked evidence to justify MEDCON eligibility. According to SAF MEDCON guidelines, August 2012, 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 Line of Duty (LOD) determination and a finding by a credentialed military health care provider that the airman has an unresolved health condition requiring treatment (with active treatment plan) and renders the airman unable to meet retention or mobility standards in accordance with AFI 48-123, Medical Examinations and Standards, Chapters 5 and 13. According to SAF ARC CMD Guidelines, an airman who can perform military duties but requires medical care for a minor or chronic medical condition may be provided medical treatment for such conditions through the Veterans Administration (VA), or TRICARE benefits; the airman does not have to be on MEDCON orders to receive medical care for a LOD condition. Additional information can be obtained from visiting the Airman’s Reserve/ANG medical unit, VA or military medical treatment facility (MTF) TRICARE office. The applicant was placed on MEDCON orders for medical evaluations and treatment for the period 5 May 15 through 21 Jul 15, however, he was released due to no active treatment plan. A complete copy of the AFPC/DPFA evaluation is at Exhibit C. The AFBCMR Individual Mobilization Augmentee (IMA) Medical Consultant recommends denial indicating there is no evidence of an error or injustice. The applicant’s service records reflect he completed a six month deployment to Afghanistan in 2012. Upon return from deployment, he complained of ongoing multiple medical conditions including right hand and arm numbness, tinnitus, chronic cough, sleep disorder and Post Traumatic Stress Disorder (PTSD). The clinical progress notes reflect several ambulatory visits for diagnostic testing and treatments. An AF Form 469 for the period 3 Mar 15 to 21 Jul 15, is noted. However, there was no Line of Duty (LOD) determination or duty profile(s) included in the information provided and very limited clinical documentation. According to AFI 36-2910, Line of Duty (LOD) Determination, Medical Continuation (MEDCON), and Incapacitation (INCAP) Pay, “The purpose of MEDCON is to authorize medical and dental care for members who incur or aggravate an injury, illness or disease in the Line of Duty (ILOD) and to provide pay and allowances while they are being evaluated, treated for or recovering from a service-connected injury, illness or disease. Air Reserve Component (ARC) members may be entitled to MEDCON when they are unable to perform military duties due to an injury, illness or disease incurred or aggravated while serving in a duty status.” MEDCON requires a LOD determination and a finding by a credentialed military medical provider that the member has an unresolved health condition requiring treatment that renders the member unable to meet retention or mobility standards in accordance with (IAW) AFI 48-123. A review of the available documentation provided no approved LOD determination, duty limiting profiles or clinical documentation of a medical condition of such intensity which rendered the applicant unable to perform military duty or civilian duty. Furthermore, the records indicate the applicant was placed on MEDCON orders for medical evaluations and treatment for the period of 5 May 15 to 21 Jul 15, and was subsequently released due to the absence of any active treatment plan. Furthermore, the applicant’s service records indicate he performed some military duty during the period under evaluation for MEDCON orders. However, per SAF ARC CMD Guidelines, an airman who can perform military duties but requires medical care for a minor or chronic medical condition may be provided medical treatment for such condition through the VA or TRICARE benefits; the member does not have to be on MEDCON orders to receive medical care for an LOD condition. The clinical documentation and test results do not support the requirements for MEDCON orders. In this case, the preponderance of the evidence supports the determination that continuation of MEDCON orders was not appropriate and the medical reviewer opines that the applicant has not provided sufficient evidence of an error or injustice regarding the determination regarding MEDCON orders. A complete copy of the AFBCMR IMA Medical Consultant’s evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force office of primary responsibility (OPR) and the AFBCMR IMA Medical Consultant’s evaluations were forwarded to the applicant on 16 Dec 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; however, we agree with the opinions and recommendations of the Air Force office of primary responsibility (OPR) and the AFBCMR Individual Mobilization Augmentee (IMA) Medical Consultant and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. We note the applicant’s contention that in order to conduct nerve testing and other appointments as necessary, he should have been placed on Medical Continuation (MEDCON) orders for unresolved medical conditions; however, the preponderance of evidence supports the determination that continuation on MEDCON orders was not appropriate and the applicant has not provided sufficient evidence of an error or injustice regarding the determination concerning his eligibility for MEDCON orders. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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 issues involved. Therefore, the request for a hearing is not favorably considered. 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-2015-02479 in Executive Session on 24 Feb 16, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02479 was considered: Exhibit A. DD Form 149, dated 22 Mar 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPFA, dated 6 Nov 15. Exhibit D. Memorandum, AFBCMR IMA Medical Consultant. Exhibit E. Letter, SAF/MRBR, dated 16 Dec 15. 4