RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03396 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show that he was not released from active duty on 7 October 2011, but instead continued on active duty for medical continuation (MEDCON) until 20 November 2011. ________________________________________________________________ APPLICANT CONTENDS THAT: While on an active duty deployment to Afghanistan, he sustained an injury to his left leg. Improper procedures were used in processing his line of duty (LOD) determination which resulted in him being released from active duty when he should have been retained for MEDCON. The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: The applicant currently serves in the Air Force Reserve in the grade of technical sergeant (E-6). On 10 January 2011, the applicant was ordered to active duty under Title 10, United States Code, Section 12302 (partial mobilization) in support of Operation ENDURING FREEDOM for the period 10 January 2011 through 2 October 2011. His orders were subsequently amended with a new expiration date of 7 October 2011. On 22 September 2011, a LOD determination was initiated to determine if the injury he incurred while deployed to Afghanistan was incurred in the LOD. Title 10, United States Code, Section 12301 (h) provides authority to order a member of the reserve forces to active duty to receive authorized medical care or to be medically evaluated for disability or other purposes. A member ordered to active duty under this authority may, with the member’s consent, be retained on active duty for medical treatment for a condition associated with the evaluation. On 29 September 2011, the applicant requested approval for MEDCON orders. On 7 October 2011, the applicant was released from active duty at the completion of his required active service. On 15 October 2011, an AF Form 469, Duty Limiting Condition Report, was initiated that restricted the applicant’s duty and mobility from 26 October 2011 through 8 December 2011, with a final expiration date of 13 January 2012. His profile expiration date was later changed to 5 February 2012. On the same day, the applicant’s original 29 September 2011 MEDON request was submitted by unit personnel to higher headquarters. On 26 October 2011, the applicant underwent surgery. On 7 November 2011, the applicant’s request for MEDCON orders was denied. Since the applicant’s orders expired on 7 October 2011 and a request for MEDCON orders was not made until 15 October 2011, there was a break in service. It was determined a LOD must be finalized before becoming eligible for MEDCON orders. On 21 November 2011, the applicant was ordered to active duty for MEDCON for the period 21 November 2011 through 23 December 2011. His orders were subsequently amended with a new expiration date of 25 January 2012. On 12 June 2012, the applicant’s LOD was determined to have existed prior to service (EPTS), but was aggravated by his military service. ________________________________________________________________ AIR FORCE EVALUATION: AFMOA/SGHI recommends denial, indicating that since the applicant had a break in service, he was ineligible for retroactive MEDCON orders. In accordance with SAF/MR MEDCON guidance memorandum, a LOD determination is required when there is a break in service prior to authorization for MEDCON orders. A complete copy of the AFMOA/SGHI evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The AFMOA/SGHI recommendation is in error and unjust because he submitted all required documentation necessary for his surgery and recovery prior to the expiration of his active duty orders. The applicant reiterated his contention that administrative issues outside of his control precluded MEDCON orders from being processed prior to his release from active duty. A complete copy of the applicant’s response, with attachments, is at Exhibit E. ________________________________________________________________ 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. The applicant contends he should not have been released from active duty on 7 October 2011, but continued on active duty for medical continuation (MEDCON). After a thorough review of the evidence of record and the applicant’s complete submission, we agree. While we note the comments by AFMOA/SGHI indicating the policy in effect does not authorize retroactive MEDCON orders when there is a break in service, we believe a preponderance of the evidence indicates the applicant should not have been released from active duty. In this respect, we note the applicant has provided documentation to support that a line of duty (LOD) determination was initiated prior to his release from active duty; however, for some unknown reason and through no fault of his own, his LOD was not finalized prior to the termination of his active duty orders. Therefore, we find it reasonable to conclude that since the applicant’s LOD injury required surgery within two months of his release from active duty that said injury rendered him unfit at the time of his release and, thus, should have formed the basis of his retention on MEDCON orders until he had recuperated from his surgery. Therefore, in view of the above, we recommend his records be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 7 October 2011, he was not released from active duty, but on that date he continued to serve on active duty through 20 November 2011 under the provisions of Section 12301(h) of Title 10, United States Code, for the purpose of medical continuation. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-03396 in Executive Session on 11 April 2013, under the provisions of AFI 36-2603: Chair Member Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 3 January 2012, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFMOA/SGHI, dated 8 November 2012. Exhibit D. Letter, SAF/MRBR, dated 26 November 2012. Exhibit E. Letter, Applicant, dated 21 December 2012. Chair