RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00590

XXXXXXXXXXXXX	COUNSEL: XXXXXXX

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His Medical Continuation (MEDCON) orders start date be backdated from 31 Jan 22 to 26 Jan 22. 

APPLICANT’S CONTENTIONS

His MEDCON orders were approved with a start date of 31 Jan 22, the date of his scheduled surgery. On short notice, due to local Department of Health (DOH) and civilian hospital COVID-19 restrictions, his surgeon moved up his surgery date to 26 Jan 22.  The MEDCON orders should be amended to reflect a start date as the date of the surgery.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air National Guard chief master sergeant (E-9).

On 31 Jan 22, according to Order Number XXXXXX, dated 5 Feb 22, the applicant was placed on MEDCON orders for the period of 31 Jan 22 to 3 Jun 22.

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 granting the applicant’s request to backdate his MEDCON orders start date to 26 Jan 22.  Based on a review of all documentation submitted, and analysis of the facts, there is evidence of an error or injustice. The applicant met all eligibility requirements for MEDCON based off the note from his orthopedic provider recommending surgery after several months of failed conservative treatments.  His MEDCON orders start date would have been the date the surgery was scheduled with the understanding the surgery could be pushed up or postponed based off of COVID-19 protocols in the local area.  

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 28 Apr 22 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 finds he met all the eligibility requirements for MEDCON with the understanding that the date of his surgery could be pushed up or postponed due to local area COVID-19 protocols.  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 that his Order Number XXXXX, dated 5 February 2022, Line 4, Itinerary: “31 Jan 2022 – 3 Jun 2022” be amended to read: “26 Jan 2022 – 3 Jun 2022.”   

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-2022-00590 in Executive Session on 25 May 22:

, Panel Chair 
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, dated 18 Feb 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFA, dated 20 Apr 22.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 28 Apr 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.