RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-02441

						COUNSEL:  

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He be placed on medical continuation (MEDCON) orders for the period 21 Aug 15 through 16 Feb 16.

APPLICANT CONTENDS THAT:

He was injured during a deployment in 2010 and underwent continuous medical treatment from 2010 through 2016 while processing for a medical evaluation board.  The requested medical continuation orders are for a second surgery performed in Aug 15; however, the request was denied due to missing documentation/administrative processing.

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

STATEMENT OF FACTS:

On 8 Apr 91, the applicant initially entered the Air National Guard.

On 15 Mar 99, the applicant was discharged from the Air National Guard and transferred to the Air Force Reserve.

On 8 Aug 11, according to documentation provided by the applicant, an AFRC Form 348, Informal Line of Duty Determination (ILOD), was provided to document his 2010 LOD injury.

On 5 Apr 14, according to documentation provided by the applicant, he received an AF Form 422, Notification of Air Force Member’s Qualification Status, reflecting he was World-Wide Qualified with no duty restrictions.

The applicant is currently serving in the Air Force Reserve.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DPFA recommends denial, indicating there is no evidence of error or injustice.

The applicant received a Line of Duty (LOD) finding, while deployed in 2010, for sprains and strains of the knee and leg with left meniscal tear.  He underwent left knee partial meniscectomy in Nov 11.  The applicant was returned to duty with only mobility restrictions on 6 Jan 12.  He performed Annual Training tours in Mar 12 and Apr 12, and was on orders on several different occasions throughout 2013-2015.  On 5 Apr 14, the applicant was issued an AF Form 422, Notice of Air Force Member’s Qualification Status, stating he was world-wide qualified with no duty/mobility restrictions.

The applicant requested MEDCON for a second left knee surgery and post-operative recovery.  The planned surgery (per the BCMR request) was a left knee replacement.  A review conducted by the Medical Branch Chief found that left knee replacement was not an indicated treatment for the applicant’s LOD condition:  meniscal tear.  Knee replacement is indicated for diagnosis such as severe osteoarthritis of the knee, which the applicant showed evidence of in his MRI in 2012.  In this case, the LOD condition did not match the indication for surgery, which is required to be eligible for MEDCON.

In accordance with MEDCON guidelines found in Air Force Instruction (AFI) 36-2910, Line of Duty (LOD) Determination, Medical Continuation (MEDCON), and Incapacitation (INCAP) Pay, 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.  The criteria specified in paragraphs 5.5.1 and 5.5.2 were either met or partially met by the applicant; however, the documentation submitted did not include the overall current treatment plan, and the written explanation for the late request submitted by the applicant was not endorsed by the Wing Commander.

Additionally, per AFI 36-2910, paragraph 1.7.1., an LOD determination is accomplished for a single illness, injury, or disease and cannot be reused to claim subsequent benefits and entitlements after a member has been returned to duty without restrictions pertaining to the original illness, injury, or disease.

A complete copy of the AFPC/DPFA evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 Feb 17 for review and comment within 30 days (Exhibit D).  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 opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  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-2016-02441 in Executive Session on 12 Sep 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02441 was considered:

	Exhibit A.  DD Form 149, dated 26 Feb 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFA, dated 17 Oct 16.
	Exhibit D.  Letter, AFBCMR, dated 6 Feb 17, w/atch.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations regarding AFBCMR Docket Number BC-2016-02441, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.