RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03992 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be placed on medical continuation (MEDCON) orders for the period 18 Jun 11 to 9 Sep 11 or, in the alternative, he receive Incapacitation Pay (INCAP Pay) for the period 18 Jun 11 to 9 Sep 11. _________________________________________________________________ APPLICANT CONTENDS THAT: 1. While deployed at Bagram Airfield, Afghanistan he sustained an injury to his left knee and sought medical treatment. When he returned home he saw his doctor and required surgery to repair a torn meniscus in his knee. 2. He should have been placed on MEDCON orders in accordance with ANGI 36-3001, Air National Guard Incapacitation Benefits; however, because of the lengthy process, he never received orders. Initial request were made by Chief D on 27 Jul 11 and was approved by SG on 29 Aug 11; however, on 15 Sep 11 it was rejected by AFMOA. Chief D instructed him to file for INCAP Pay for the period he was denied compensation. In support of his request, the applicant provides a personal statement, copies of emails, command man-day allocation system (CMAS) summary, AF IMT 348, Line of Duty Determination (LOD), and other documents in support of his application. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant was mobilized from 30 Dec 10 to 18 Jun 11 in support of Operation ENDURING FREEDOM. On 26 May 11, a LOD determination was initiated because he had bilateral knee pain/right knee meniscus tear. On 27 Jun 11, the applicant’s injury was determined to be In the Line of Duty (ILOD). The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits B through D. _________________________________________________________________ AIR FORCE EVALUATION: NGB/SGPA makes no recommendation. SGPA states NGB/SGPF is unable to make a recommendation concerning the applicant’s eligibility for compensation due to lack of medical documentation. Further, NGB recommends no action be taken until supporting medical documentation is received clarifying eligibility for compensation. The complete SGPA evaluation is at Exhibit B. NGB/A1PS concurs with the NGB subject matter expert (SME) advisory and therefore does not recommend relief to the applicant’s request unless he can provide supporting medical documentation clearly showing that he is eligible for compensation The complete A1PS evaluation is at Exhibit C. AFMOA/SGHI recommends granting partial relief to correct the record to show the applicant was retained on orders from 19 Jun 11 to 27 Jul 11. Due to delays the applicant’s request was never validated by the MEDCON manager. There is no authority to back date orders, thus no reason to forward the request for allocation of orders. Had the CMAS request and documentation been submitted in a timely manner, the applicant may have been eligible for MEDCON. The providers progress note, dated 6 Jul 11, indicates the projected end date of treatment was to be in three weeks (on or about 27 Jul 11) and the applicant could have resumed activities as tolerated. No medical documentation was available past 6 Jul 11 to confirm or deny the applicant was still undergoing treatment or that any medical appointments for his LOD condition were pending. MEDCON managers do not have any authority in approving/disapproving INCAP pay for service members that have been denied MEDCON. The complete SGHI evaluation, with attachments, is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 10 Apr 12 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant partial relief. In this respect, we note the applicant was on active duty orders in support of Operation ENDURING FREEDOM and was diagnosed with a medical injury. Subsequently, the injury was found to be In the Line of Duty (ILOD). However, contrary to established guidance dictating that he remain on active duty status until processed through the disability evaluation system, it appears he was released from active duty without due process. While the applicant requests continuation of his active duty orders for the period 18 Jun 11 to 9 Sep 11, we concur with the recommendation of AFMOA/SGHI to correct the record to reflect the applicant was retained on active duty orders for the period 19 Jun 11 to 27 Jul 11. In view of the above and in the interest of equity and justice, we recommend his record be corrected to the extent indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was not released from active duty on 18 June 2011 but on that date he continued to serve on active duty until 27 July 2011. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03992 in Executive Session on 22 May 2012, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 6 Oct 11, w/atchs. Exhibit B. NGB/SGPA, Letter, dated 9 Feb 12. Exhibit C. NGB/A1PS, Letter, dated 21 Feb 12. Exhibit D. AFMOA/SGHI, Letter, dated 9 Apr 12, w/atchs. Exhibit E. SAF/MRBR, Letter, dated 10 Apr 12. Panel Chair