RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02191

  	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

She be placed on Medical Continuation (MEDCON) orders for the period of 1 Oct 16 to 20 Feb 17 and receive the associated back pay.

APPLICANT CONTENDS THAT:

She was on Title 10 active duty orders with no break for a total of 15 months (1 Jul 15 - 30 Sep 16).  

She was diagnosed with Follicular Lymphoma and the process for a Line of Duty (LOD) determination began on 27 Aug 15.  The LOD determination came back on 9 Nov 15 with the decision of "NOT In the Line of Duty" (NILOD).  She appealed the decision on 9 Dec 15 and it was overturned on 9 May 16 to “In the Line of Duty” (ILOD.) 

Her active duty orders ended on 30 Sep 16. At the time, she was not provided proper guidance by her chain of command and medical unit.  She was not aware that she was eligible to apply for MEDCON to continue the orders she had been on for 15 months.  Hence, she inequitably came off orders on 1 Oct 16.

She was not aware of her MEDCON eligibility until 25 Jan 17.  Once she became aware of her eligibility, she immediately contacted her unit to start the MEDCON application package process.  The package was approved and she started MEDCON orders on 21 Feb 17. 

U.S.C. 10, Section 12301(h), and AFI 36-2910, 5.2 states personnel injured while on orders for 30 days or more may remain on orders until either Returned To Duty (RTD) or separated via the Integrated Disability Evaluation System (IDES).  She is currently going through an active duty medical board through IDES.  The process began 27 Aug 2015.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant served in the Air National Guard in the grade of lieutenant colonel.

According to Order Number Z6SNF6, dated 18 Aug 15, the applicant was placed on Title 10 Activation Contingency orders from 1 Jul 15 to 15 Aug 15.

According to Order Number Z6UFC2, dated 20 Aug 15, she was placed on Title 10 Medical Hold orders from 16 Aug 15 to 14 Sep 15 pending resolution of medical issue.  

According to Order Number Z6VAQC, dated 25 Sep 15, she was placed on Activation Non-Contingency orders from 15 Sep 15 to 30 Sep 15.

On 27 Aug 15, a Line of Duty (LOD) determination was initiated and on 9 Nov 15, it was determined that her injury was "NOT In the Line of Duty (NILOD).”  

On 9 Dec 15, she appealed the LOD determination and it was overturned on 9 May 16 to "IN the Line of Duty (ILOD).” 

According to Order Number Z6VJG5, dated 14 Jun 16, she was placed on Title 10 Non-Contingency orders from 1 Oct 15 to 30 Sep 16.

According to Order Number Z89QYB, dated 26 Feb 17, she was placed on Title 10 Medical Hold orders from 21 Feb 17 to 21 Jul 17 pending resolution of medical issue.

On 25 Apr 17, she met an Informal Physical Evaluation Board (IPEB) and was found unfit for duty.  She was diagnosed with Follicular Lymphoma of Terminal Ileum.  The IPEB recommended her to be permanently retired with a 50 percent disability rating.  On 9 Jul 17, the applicant agreed with the IPEB findings.

According to Special Order No. ACD-02429, dated 24 May 17, the applicant was permanently disability retired in the grade of lieutenant colonel after serving 19 years, 1 month, and 16 days of total service; she has 16 years, 9 months, and 4 days of active service.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

NGB/A1PS notes that an injustice occurred when the applicant’s unit failed to request MEDCON via ARC-CMD, which would have provided the applicant  time to resolve medical issues as well as recover while in an active duty status under MEDCON Title 10 U.S.C § 12301(h) orders.   Specifically, the four (4) month period requested may or may not have been appropriate but in hind sight and failure of her unit to initiate MEDCON, the four month period is realistic and would bridge the gap between her expired MPA order and the later MEDCON granted to her.  

She was on a Title 10 MPA tour, non-contingency which ended 30 Sep 16.  Prior to and after the order, her medical condition did not prompt her unit to request MEDCON which is required for all Air Reserve Component members injured on active duty, IAW AFI 36-2910, LOD Determination, Medical Continuation (MEDCON), and Incapacitation (INCAP) Pay, 8 Oct 15, and or have service aggravated injuries.

Should the Board elect to grant the request, her record should be corrected to direct the unit to publish a Title 10 U.S.C § 12301(h) MEDCON order for the dates requested, and submit the orders for back pay to the Defense Finance and Accounting Service (DFAS).  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 11 May 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error and injustice.  Having carefully reviewed this application, the Board believes a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records 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 she was placed on active duty, for the purpose of medical continuation (MEDCON), for the period of  1 October 2016 to 20 February 2017, in accordance with Title 10, U.S.C. § 12301(h).

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-02191 in Executive Session on 11 Jul 18:

	, Panel Chair
	, Member
	, Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 20 Apr 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PS, dated 26 Mar 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 11 May 18.
	
Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.