RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01830

XXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES 

APPLICANT’S REQUEST

He be placed on medical continuation (MEDCON) orders for the period of 9 Nov 18 to 10 Dec 18.  

APPLICANT’S CONTENTIONS

He was injured in 2018 while deployed to Kandahar Air Field, Afghanistan.  The injury was documented before leaving the area of responsibility (AOR) and at his in-processing at his home station.  He went to the local Department of Veterans Affairs (DVA) hospital for care and notified his medical group (MDG) of the extent of his injury and the required surgery.  The MDG did not act on his emails and MEDCON orders were denied.  He spent the time recovering from his surgery with no income from the Air Force.  He attempted to rectify his situation with the judge advocate general (JAG) and his chain of command.  He completed every form he was told to complete, informed everyone he was supposed to tell but received no relief and was not offered any assistance.  He was advised to submit a BCMR application after requesting assistance from his Congressman.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air National Guard (ANG) technical sergeant (E-6).

The applicant performed a period of active duty from 6 Apr 18 to 22 Aug 18 in accordance with 10 U.S.C. § 12302 at Kandahar Air Field, Afghanistan.  He was credited with 4 months and 17 days of active duty service.

AF Form 348, Line of Duty Determination, dated 9 Jul 18, shows the applicant injured his right achilles tendon on 9 Jul 18 while deployed to Kandahar.  His commander indicated the injury was in the LOD (ILOD); however, the AF Form 469, Duty Limiting Condition Report, was not finalized.  

AF Form 469 dated 8 Nov 18, the applicant was placed on duty and mobility restrictions through 1 Aug 19. 

The applicant provides a chronological record of medical care note dated 9 Jul 18, showing he was seen for his ankle injury.  It was recommended he be followed up for his injury.  

In an e-mail dated 13 Sep 18, he informed his unit he was scheduled for surgery on his ankle and asked if there was any medical version of active duty orders he could be placed on while he healed.  

The applicant provides an e-mail to his unit dated 14 Dec 18, providing a timeline of his injury and treatment.  It states he injured his ankle on 4 Jun 18 while working out at the gym in Kandahar.   He completed forms for MEDCON orders and provided a timeline of events.  On 9 Jul 18, he received treatment at the deployed location.  Upon return, x-rays and an MRI were completed on 7 Sep 18 and he was scheduled for surgery on 8 Nov 18.  He had surgery on 9 Nov 18 and his surgeon stated he was not to work until 4 Jan 19.  He used his sick leave from his employer to cover his time.  He used all of his sick leave and had to dip into his annual leave.  His doctor declined his request to perform light duty.  He provided all surgical and medical progress notes to his unit but was informed on 13 Dec 18, his request for MEDCON orders was denied.    

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

APPLICABLE AUTHORITY/GUIDANCE

DAFI 36-2910, Line of Duty (LOD) Determination, Medical Continuation (MEDCON) and Incapacitation (INCAP) Pay, paragraph 6.1. Purpose. The primary purpose of MEDCON is to facilitate the authorization for access to medical and dental care for members who incur or aggravate an injury, illness or disease while in a qualified duty status. Paragraph 6.2. Eligibility. MEDCON eligibility requires an LOD determination and a finding by a credentialed military medical provider that the member has an unresolved health condition requiring treatment that renders the member unable to meet retention or mobility standards, in accordance with DAFMAN 48-123, Medical Standards. 

AIR FORCE EVALUATION

AFPC/DPFA recommends denial.  While the applicant may have been eligible for MEDCON orders during his requested time period, no justification was provided with the BCMR request that allows for a complete review of his case.  The Air Reserve Component (ARC) command never received a request for MEDCON orders from the applicant’s unit and no documentation was submitted with the request.  

The applicant would need to provide a finalized LOD determination, AF Form 469 covering the period that MEDCON orders are being requested and medical or surgical documentation regarding the treatment and recovery period for injury while on active duty orders for MEDCON orders to be considered.    

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 23 Sep 21 for comment (Exhibit D), 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 not 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 does not substantiate the applicant’s contentions.  The Board does not dispute the applicant injured his ankle while deployed; however, a finalized LOD, AF Form 469 covering the period and medical or surgical documentation are required to review the applicant’s request for MEDCON orders.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2021-01830 in Executive Session on 23 Nov 21:

 , Panel Chair
 , Panel Member
 , Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 6 May 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DPFA, dated 9 Jun 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 23 Sep 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.