RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00485 XXXXXXX COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be entitled to active duty pay and allowances for the period from 16 Jun – 30 Jul 05, under the provisions of Title 10 United States Code (U.S.C.) §12302, rather than incapacitation pay (INCAP). ________________________________________________________________ THE APPLICANT CONTENDS THAT: He should have remained on active duty until his medical condition was resolved. It is not fair to him or his civilian employer to be required to take leave from his civilian employment due to an injury that was caused during his military duties. He was improperly removed from active duty status after suffering a Line-of-Duty (LOD) injury identified in Mar 05. On 6 Apr 05, the AF IMT 348, Line of Duty Determination, was initiated, but was not completed unti1 3 Aug 05. His requests for Medical Continuation (MEDCON) orders were submitted at least three times; however, his requests were denied. Title 10 U.S.C. §12302 orders that were scheduled to end on 15 Jun 05 were modified after he had been paid, creating a debt that was improperly corrected with annual training days and incapacitation pay. In support of his appeal, the applicant provides copies of his special orders and amendments; medical documentation from his military medical provider; his LOD paperwork, and various other documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served on extended active duty from 23 Mar 04 to 8 Apr 05. The applicant was in Duties Not Involving Flying (DNIF) status effective 15 Mar 05. On 13 Aug 05, he was medically cleared for flying duties. ________________________________________________________________ THE AIR FORCE EVALUATION: AFMOA/SGHI recommends the applicant’s request to be retained on Title 10 U.S.C. §12302 orders be approved, but his orders should be under Title 10 U.S.C. §12301(h) orders as directed by SAF-MR Memo, dated 7 Jan 05, para 3. MEDCON was not centrally managed by Air Force Medical Operations Agency (AFMOA) until 2008. Prior to this, MEDCON was individually managed by the supported MAJCOM. SGHI has no documentation to support if the member did or did not apply for MEDCON. The Command Man-Day Allocation System (CMAS) does not show any record of a MEDCON request. The applicant’s medical and finance units were contacted. The medical unit had no records of the applicant since he retired and his records were sent to the Medical Record Repository. Finance did have information concerning his request for INCAP and shows payment in Dec 2006 for the time 16 Jun - 30 Jul 05. The applicant was on Title 10 U.S.C. §12302 orders at the time of injury. Physical Profile Serial Report, dated 5 Apr 05 indicates the applicant was world-wide disqualified with a revised temporary profile of 4T. The LOD was initiated promptly. The complete SGHI evaluation, with attachment, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 5 Aug 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 error or injustice warranting corrective action. The Air Force office of primary responsibility has adequately addressed the issues presented by the applicant and we are in agreement with their opinion and recommendation. We note the applicant requests MEDCON under the provisions of Title 10 U.S.C. §12302. However, we agree with SGHI that the applicant’s orders should be approved under the provisions of Title 10 U.S.C. §12301(h), which authorizes the Service Secretary to order a member of the Reserve Component (RC) to active duty for medical evaluation and treatment. Accordingly, we recommend the applicant’s record be corrected to the extent indicated below. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that for the period 16 Jun 05 to 30 Jul 05, he was placed on active duty, for the purposes of medical continuation in accordance with Title 10 U.S.C. §12301(h), rather than authorization for incapacitation pay. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-00485 in Executive Session on 15 Oct 13, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Jan 13, w/atchs. Exhibit B. Applicant's Available Master Personnel Records. Exhibit C. Letter, AFMOA/SGHI, dated 3 Jul 13, w/atch. Exhibit D. Letter, SAF/MRBR, dated 5 Aug 13. Panel Chair