RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02851

	COUNSEL: NONE	 

  	HEARING: YES

APPLICANT REQUESTS THAT:

He be placed on medical continuation (MEDCON) orders after his Active Guard Reserve (AGR) orders end on 31 Jul 17.

APPLICANT CONTENDS THAT:

His AGR tour will not be continued after 31 Jul 17.  However, he is undergoing medical care and surgical consultations for hernia and orthopedic surgery and evaluation for cardiovascular disease.   

His AGR status is not being continued for several reasons, to include reprisal.  He would like his medical issues to be taken care of prior to retirement.  He was advised he should be considered by a medical evaluation board (MEB); however, he was denied a MEB.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired lieutenant colonel.  

He was on AGR orders for the period of 1 Aug 16 to 31 Jul 17.  

On 31 Jul 17, he retired with a narrative reason for separation of “Vol Ret Sufficient Service for Retirement.”  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory opinions at Exhibits C and D.

AIR FORCE EVALUATION:

NGB/A1PS recommends denial.  While MEDCON orders do not exist for AGR members, ANGI 36-101, Air National Guard Active Guard Reserve (AGR) Program, states airmen who are not offered a follow-on tour will not be involuntarily released from AGR status while medically incapacitated and an extension of orders allows time to resolve medical issues.  Based on documentation provided, an extension would have been appropriate given his unresolved medical issues.  However, since he is now retired and collecting retired pay, back pay is not possible.  The applicant also does not specify how long he would have needed to be extended. The complete advisory is at Exhibit C.  

AFPC/DPFA recommends denial.  The applicant is not eligible for MEDCON orders since he was in an AGR status.  The applicant was medically boarded and returned to duty with an assignment limitation code (ALC) prior to the end of his AGR orders.  This rendered him ineligible for MEDCON orders per AFI 36-2910, Line of Duty Determination (LOD), Medical Continuation (MEDCON) and Incapacitation (INCAP) Pay.   The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 22 May 18 for comment (Exhibit E), 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 the applicant is not the victim of an error or injustice.  The applicant requests MEDCON orders; however, as noted by NGP/A1PS and AFPC/DPFA he was not eligible for MEDCON orders since he was on an AGR tour.  While NGB/A1PS states he should have been placed on medical hold at the end of his AGR tour but  this is not possible since he is retired, and we disagree.  While we do not dispute the applicant was receiving medical treatment, we find insufficient evidence his conditions were unfitting or warranted being placed on a medical hold status.  In this respect, AFPC/DPFA notes the applicant was medically boarded prior to the end of his AGR tour and was returned to duty with an ALC.  The applicant also contends he was not continued on his AGR tour due to reprisal; however, other than his own uncorroborated assertions we find no evidence this to be the case.  Therefore, we agree with the opinion and recommendation of AFPC/DPFA and recommend against correcting the record.  

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 the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

The application was adjudicated without a personal appearance.  

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-2017-02851 in Executive Session on 26 Jun 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 14 Jun 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PS, dated 9 Apr 18.  
Exhibit D: Advisory opinion, AFPC/DPFA, dated 26 Apr 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 22 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.