RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-03560

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

1.  His record be corrected to show he was on Medical Continuation Orders (MEDCON) 6 Mar 17 to 16 Mar 17 (11 days).

2.  His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to include
The period of his MEDCON orders for 6 Mar 17 to 16 Mar 17 (11 days). (No Board action required; applicant was provided a DD Form 214 for the period 4 Feb 17 to 4 Aug 17)  

APPLICANT’S CONTENTIONS

After his deployment ended on 3 Feb 17, he was on MEDCON orders from 4 Feb 17 to 5 Mar 17 and 16 Mar 17 to 4 Aug 17.  Due to administrative delays by his unit, he was not placed on MEDCON orders for the period 6 Mar 17 to 16 Mar 17, causing an 11-day break in service.  He wants orders to cover the 11-day break in service and all pay and allowances associated with the orders.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Reserve master sergeant (E-7).

On 10 Jul 16, according to Partial Mobilization Order Number Z75PW2 provided by the applicant, he was ordered to active duty in support of Operation XXXXXXXXXX.

On 10 Jul 16, according to DD Form 214, the applicant entered active duty and on 3 Feb 17, he was released from active duty after completion of required active service.

On 4 Feb 17, according to MEDCON Order Number Z88ZW3 provided by the applicant, he was ordered to active duty in support of Operation XXXXXXXXXX and was released on 5 Mar 17.

On 2 Mar 17, according to AF Forms 348, Line of Duty Determination (LOD), provided by the applicant, his Left Knee Meniscus Tear and Torn Rotator Cuff, Left Shoulder were determined to be in the line of duty (ILOD). 

On 16 Mar 17, according to MEDCON Order Number Z8D935 provided by the applicant, he was ordered to active duty in support of Operation XXXXXXXXXX and was released on 4 Aug  17.

On 4 Feb 17, according to DD Form 214, the applicant entered active duty and “Served under Title 10 USC Section 12301(H) for Medical Continuation in support of Operation XXXXXXXXXX from 4 Feb 17 to 4 Aug 17.”

On 25 Dec 17, according to Reserve Order EK-0654 dated 30 Nov 17, the applicant was placed on the Reserve Retired list. 

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

AIR FORCE EVALUATION

AFPC/DPFA recommends partially granting the application.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice, which led to the delayed initial application for MEDCON orders.  A memo for record from the member’s commander was included in the original MEDCON case that accounted for the late MEDCON application. The delay was secondary to an LOD investigation and does not appear to have been the fault of the member. The member’s condition occurred in theatre and was identified at the post-deployment assessment. The LOD was initiated and finalized as ILOD. The member had a valid mobility restricting profile and a valid plan of care was in place. The member met all eligibility criteria for the period in question.  Had the LOD investigation been completed in a more timely manner, it is likely the minor discrepancies in the initial MEDCON application would have been easily corrected prior to a break in orders.  The member is requesting all accordant military orders, pay and entitlements for the period of 6 Mar 17 through 16 Mar 17 (11 days).  However, since the start date of the service member’s completed and paid MEDCON order is 16 Mar 17 a partial grant to bridge the break in orders is recommended and the applicant’s record should be corrected to show MEDCON orders from 6 Mar 17 through 15 Mar 17 (10 days).   

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 2 Feb 21 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

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 in part.  Specifically, a memo for record from the member’s commander was included in the original MEDCON case that accounted for the late MEDCON application. The delay was secondary to an LOD investigation and does not appear to have been the fault of the member, which is sufficient to justify granting the applicant’s request for MEDCON orders from 6 Mar 17 through 15 Mar 17.  However, for the remainder of the applicant’s request, the evidence presented did not demonstrate an error or injustice, and the Board therefore finds no basis to recommend granting that portion of the applicant’s request. 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 he was placed on active duty orders, for the purpose of medical continuation in accordance with Title 10, U.S.C. §12301(h), from 6 Mar 17 through 15 Mar 17.

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant 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.

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-2020-03560 in Executive Session on 17 Mar 21:

, 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 21 Sep 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFA, dated 1 Feb 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 2 Feb 21.

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.