RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04570

XXXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

She be placed on Medical Continuation (MEDCON) orders with corresponding pay, points and benefits from 21 Feb 19 to 5 Mar 19.

APPLICANT’S CONTENTIONS

She was diagnosed with Stage II Breast Cancer in Jul 18 and submitted a Line of Duty (LOD) determination through the HQ RIO/SG office in Aug 18.  Subsequently, she was allocated MEDCON orders for the period 30 Sep 18 to 22 Mar 19.  However, her orders were curtailed on 20 Feb 19, when she received a Not In the Line of Duty (NILOD) determination from AFRC/SG.  On 6 Mar 19, her unit brought her back on Title 10 day-to-day Military Personnel Appropriation (MPA) orders and she has remained on orders ever since.  After submitting an appeal package, her NILOD determination was overturned and found to be In the Line of Duty (ILOD) by AFRC/CV.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force Reserve senior master sergeant (SMSgt).  

According to the documentation provided by the applicant, the following information is submitted:

On 27 Jun 18, the applicant was diagnosed with Malignant Invasive Ductal Carcinoma.  

On 26 Jul 18, according to AF Form 348, LOD Determination, the applicant was diagnosed with a disease while on active duty from 5 Feb 18 to 29 Sep 18.  On 13 Aug 18, the military medical provider found the applicant’s condition potentially unfitting in accordance with (IAW) AFI 48-123, Medical Examination and Standards.  On 17 Oct 18, the wing Staff Judge Advocate concurred and the case was forwarded to the appointing authority.  On 18 Oct 18, after reviewing the case file, the appointing authority found the LOD to be ILOD.  On 14 Nov 18, the legal reviewer non-concurred with the appointing authority and recommended the applicant’s disease be found NILOD-Not Due to Members Misconduct and on 27 Dec 18, the Air Reserve Component (ARC) LOD Board recommended the applicant’s disease be found NILOD-Not Due to Members Misconduct.  On this same date, the applicant’s immediate commander found the applicant’s disease to be ILOD.  On 24 Jan 19, the approving authority (final LOD determination) non-concurred with the appointing authority and found the LOD to be NILOD-Not Due to Members Misconduct.

According to AF Form 938, Request and Authorization for Active Duty Training/Active Duty Tour, dated 1 Oct 18, the applicant was placed on MEDCON orders from 30 Sep 18 to 22 Mar 19.

On 20 Feb 19, the applicant was notified that AFRC/A1 determined her Malignant Invasive Ductal Carcinoma was determined to be NILOD based on an informal investigation of the circumstances of her case.  On this same date, the applicant acknowledged receipt of the notification and elected to submit an appeal to the appellate authority (AFRC/CV).  

On 27 Feb 19, the applicant’s MEDCON orders were curtailed to end on 20 Feb 19.  

According to AF Form 938, dated 5 Mar 19, the applicant was placed on Title 10, United States Code §12301(d) MPA orders by her home unit from 6 Mar 19 to 31 Mar 19.  Subsequently, her MPA orders were extended twice, 30 May 19 and 30 Sep 19, respectively.      

On 20 Mar 19, the applicant appealed the NILOD decision through HQ RIO/SG.

On 19 Apr 19, according to a HQ AFRC/SG memorandum, the applicant was found fit and returned to duty (RTD) by AFRC/SGP.  In addition, she was placed on Assignment Limitation Code (ALC)-C3 status indefinitely with the following restrictions:  Reserve participation in unit training assemblies (UTA), annual tours (AT), at home station only; no duty assignments away from home station or under field conditions; may not perform man-days or attend formal schools.  Member may not occupy a mobility position.   

On 23 Jul 19, the applicant’s appeal request was approved and her disease was determined to be ILOD.  

For more information, see the advisory at Exhibit B.

AIR FORCE EVALUATION

AFPC/DPFA recommends granting the application, indicating that during the period in question (21 Feb 19 to 5 Mar 19) the applicant met all MEDCON eligibility criteria.

The applicant was initially brought onto MEDCON orders from 30 Sep 18 to 22 Mar 19 for treatment of her Malignant Invasive Ductal Carcinoma (interim ILOD as of 30 Aug 18).  On 20 Feb 19, her orders were curtailed when she was informed that her LOD was finalized as NILOD.  She acknowledged this notification and indicated she would appeal the decision.  On 6 Mar 19, she was placed on MPA orders and remained on these orders beyond her time when she was returned to duty (RTD) via Assignment Limitation Code (ALC)-C3 on 19 Apr 19.  However, she was no longer eligible be MEDCON for this LOD condition after this date.  On 23 Jul 19, the LOD determination appeal was returned with a final determination of ILOD. 

The complete advisory opinion is at Exhibit C.
APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 29 Apr 20 for comment (Exhibit C), 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 concludes the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFA and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show she was placed on Medical Continuation (MEDCON) orders from 21 February 2019 to 5 March 2019 (13 days).

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-2019-04570 in Executive Session on 17 Jun 20:

, Panel Chair 
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 19 Sep 19.
Exhibit B:	Advisory opinion, AFPC/DPFA, dated 28 Apr 20.
Exhibit C:	Notification of advisory, SAF/MRBC to applicant, dated 30 Apr 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings related to Docket Number BC-2019-04570, as required by AFI 36-2603, paragraph 4.11.9.