ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-01179-2

XXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

The Board reconsider his request to be placed on medical continuation (MEDCON) orders from 14 Oct 17 through 7 Dec 17 (53 days), to include all pay, points and entitlements.

RESUME OF THE CASE

The applicant is a former Air Force Reserve lieutenant colonel (O-5).  

On 17 Feb 21, the Board considered and denied his request for MEDCON orders from 14 Oct 17 through 7 Dec 17; finding the applicant had provided insufficient evidence of an error or injustice to justify relief.  Specifically, he failed to provide required documentation to support continued MEDCON eligibility at the time his profile ended, and was correctly released from MEDCON orders on 13 Oct 17.

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibit H. 

On 29 Mar 21, the applicant requested reconsideration of his request for MEDCON orders from 14 Oct 17 through 7 Dec 17.  He again contends he followed the treatment plan for his right shoulder injury and continued to report for duty continuing his physical therapy treatments and physician consults as instructed by the Aerospace Medicine Squadron.  He incurred over $3,300.00 in lodging costs due to this but did not receive any military pay or per diem for the period of 14 Oct 17 through 7 Dec 17. 

In support of his  reconsideration request, the applicant submitted the following new evidence: (1) several Memorandums for Record (MFR); (2) AF Form 422; (3) Medical Records; (4) Department of Veteran’s Affairs (DVA) documentation, (5) Fitness Report, and (6) AES Sign-In Log. 

The applicant’s complete submission is at Exhibit I.

AIR FORCE EVALUATION

AFPC/DPFA recommends denying the applicant’s request for MEDCON orders from 14 Oct 17 through 7 Dec 17 and all associated benefits and entitlements finding no error or injustice.  He was released from MEDCON on 13 Oct 17 due to lack of documentation being provided to the MEDCON Case Manager.  Another MEDCON extension application was submitted and was denied due to the lack of a treatment plan.  While he was trying to get the MEDCON time approved, he continued with his Physical Therapy appointments for his left shoulder until he was returned to duty 21 Feb 18.  In the applicant’s initial case for MEDCON for which this BCMR is based upon, ARC CMD requested current medical documents detailing the member’s progress, prognosis, and treatment plan.  The applicant has not provided the progress notes for the period he is requesting a correction for, only the confirmation that he attended the appointments.  This missing documentation is a requirement to remain on MEDCON.  Furthermore the documentation provided does not demonstrate that the member was profiled for the entire duration of the period he is claiming.  He has gaps in the Duty Limiting Condition/Profile.  The applicant was profiled from 19 Jan 17 through 16 Oct 17 and again 1 Nov 17 through 11 Mar 18, the period in between implies he had no mobility or duty restrictions during this period, which would make him ineligible for MEDCON.

The complete advisory opinion is at Exhibit J.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 15 Feb 22 for comment (Exhibit K), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFA and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-01179-2 in Executive Session on 21 Mar 22:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit H:	Record of Proceedings, w/ Exhibits A-G, dated 17 Feb 21.
Exhibit I:	Application, DD Form 149, w/atchs, dated 29 Mar 21.
Exhibit J:	Advisory Opinion, AFPC/DPFA, dated 11 Feb 22. 
Exhibit K:	Notification of Advisory, SAF/MRBC to Applicant, dated 15 Feb 22.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.