RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02438

XXXXXXXXXXXXXX	COUNSEL: NONE	 

 	HEARING REQUESTED: YES

APPLICANT’S REQUEST

The effective date of her medical continuation (MEDCON) orders be 11 May 21, instead of 28 Jun 21.   

APPLICANT’S CONTENTIONS

She was on Pre-MEDCON orders from 10 Apr 21 to 10 May 21 and on MEDCON orders from 28 Jun 21 to 12 Nov 21.  The start date of her MEDCON orders should be corrected to 11 May 21 to eliminate the gap between Pre-MEDCON and MEDCON.

On 3 Apr 21, while on Full Time National Guard (FTNG), Title 32 U.S.C. § 502(f)(2)(A) orders and performing duties, she passed out and was transported to the emergency room where she tested positive for COVID-19.  She was admitted to the hospital on 4 Apr 21, where she remained until 23 Apr 21.  She was then transferred by ambulance to a rehabilitative hospital and remained there until 7 May 21.  Due to her condition and extended time in the hospital, she was unable to get the restorative treatment plan from her doctors to submit to the medical group until 10 Jun 21 for MEDCON orders.  There were also significant delays in the processing of her line of duty (LOD) determination, which further delayed the submission of the MEDCON request.  The LOD was submitted to NGB on 6 May 21 but was not approved until 14 Jun 21.  Once the LOD was approved, the MEDCON package was submitted and approved on 28 Jun 21.  She provides a timeline of events.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a technical sergeant (E-6) in the Air National Guard (ANG).

Per Special Order Number XXXXXX dated 19 Mar 21, the applicant was placed on FTNG-Operational Support orders in accordance with 32 U.S.C. § 502(f)(2)(A) for the period of 4 Jan 21 to 9 Apr 21.

Per Special Order Number XXXXX dated 21 May 21, the applicant was placed on FTNG-Other than Training Orders per 32 U.S.C. § 502(f)(1)(b) for the purpose of Pre-MEDCON for the period of 10 Apr 21 to 10 May 21.  

Per the MyPers Total Force Service Center (TFSC) email dated 29 Jun 21 provided by the applicant, she was approved for MEDCON orders for the period of 28 Jun 21 to 30 Sep 21 and 1 Oct 21 to 12 Nov 21.  
 
For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

AFPC/DPFA recommends approval.  The applicant is requesting 48 days of MEDCON orders for the period of 11 May 21 through 27 Jun 21.  The difficulty was in the timing and severity of the applicant’s illness (hospital admission just prior to the end of her qualifying order), which contributed to the delay in providing the necessary medical documentation to the local medical unit.  The applicant’s orders should have been extended, either by extending the qualifying order, extending the Pre-MEDCON order or earlier submission of her MEDCON application.  It does appear that once the applicant’s Pre-MEDCON order ended, the submission of the MEDCON application was intentionally delayed until a memorandum for record (MFR) from the primary care manager (PCM) was provided and the LOD was finalized on 14 Jun 21.  

The applicant was on Title 32 orders from 4 Jan 21 to 9 Apr 21, when on 3 Apr 21 she experienced a syncopal event and was transferred to a local hospital where she was diagnosed and treated for COVID-19, complicated by pneumonia and acute hypoxic respiratory failure.  On 8 Apr 21, a LOD for COVID-19 was initiated and she was placed on profile beginning on 9 Apr 21.  She was placed on Pre-MEDCON orders for the period of 10 Apr 21 to 10 May 21. 

On 20 May 21, the timeline and medical documentation from hospital admission and rehabilitation were submitted to the local medical unit.  A memo for record dated 9 Jun 21 from the applicant’s primary care manager estimated at least six months of additional treatment including physical therapy, occupational therapy, physical medicine and rehabilitation consultation and medical case management.  It was noted the care was ongoing since her acute rehab discharge on 7 May 21.  The LOD was finalized on 14 Jun 21 and found in the LOD.  A MEDCON application was then submitted on behalf of the applicant on 15 Jun 21.  The case was verified on 24 Jun 21 and forwarded for medical review.  It was validated and approved on 28 Jun 21.  It was then certified with allocation for MEDCON notice going out on 29 Jun 21 for period of 28 Jun 21 to 12 Nov 21.  

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 27 Jul 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 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.  The Board notes that the applicant was on active duty orders when she suffered an in the LOD injury and was placed on Pre-MEDCON Orders.  She was then approved for MEDCON orders; however, due to an administrative delay beyond her control, her MEDCON application was not timely processed resulting in a gap between her Pre-MEDCON and MEDCON orders.  Therefore, the Board recommends the applicant's records be corrected as indicated below.

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 pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show she was placed on active duty, for the purpose of medical continuation, for the period of 11 May 21 to 27 Jun 21, in accordance with Title 10, U.S.C. § 12301(h).

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-2021-02438 in Executive Session on 23 Nov 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 7 Jul 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFA, dated 26 Jul 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 27 Jul 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.