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
applicants 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 applicants
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
applicants 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 applicants 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
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