RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04185
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He receive back pay for the period 1 Dec 10 to 15 Jul 11.
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. On 12 Nov 10, he was treated for blood clots and on
29 Nov 10, he was released from active duty while still
undergoing treatment and a medical evaluation board (MEB).
2. His chain of command and medical units worked tirelessly to
establish medical continuation (MEDCON) orders for him, to no
avail.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty; AF IMT 618, Medical Board Report, 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 15 Jun 09 to 29 Nov 10 in
support of Operations IRAQI FREEDOM, ENDURING FREEDOM and NOBLE
EAGLE. He served in support of these Operations during the
following periods: 15 Jun 09 to 5 Jul 10; 25 Jul 10 to 29 Nov
10.
On 7 Jun 11, the applicants records met a MEB for pulmonary
embolism and deep venous treatment, right lower extremity. The
MEB recommended the applicants records meet an Informal
Physical Evaluation Board (IPEB). He agreed with the findings
and recommendation of the MEB.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFMOA/SGHI recommends denial. SGHI states the Command Man-
day Allocation System (CMAS) authorizations reflect the
applicant was on continuous active duty orders from 25 Jul 10 to
29 Nov 10. Additionally, CMAS shows MEDCON authorization from
1 Aug 11 to 26 Feb 12.
CMAS notes indicate the applicants MEDCON request was not
submitted until 14 Dec 10, which created a break in service for
the applicant. After numerous attempts of being declined and
resubmitted through 6 May 11, his case was declined secondary to
not in the Disability Evaluation System (DES). The
recommendation was to resubmit once the applicant was in the DES
as evidenced by an AF IMT 618.
Per SAF/AA memo, 8 Dec 06, Return to Active Duty of Air Reserve
Component Members Unable to Perform Military Duties, paragraph
2, Entitlement under this policy shall begin when the condition
renders the airman unable to perform military duties; not when
the injury occurred or when the airman was released from active
duty. No evidence was found indicating the applicant was
unable to perform his military duties.
The complete SGHI evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 24 Jan 12 for review and comment within 30 days
(Exhibit C). As of this date, this office has not received a
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
relief. While we note the recommendation of the Air Force
office of primary responsibility to deny the applicants
request, the evidence reflects the applicant was treated for a
medical condition in Nov 10 and, contrary to established
guidance, he was not retained on active duty until processed
through the disability evaluation system. As such, we believe
he should be placed on MEDCON orders for the period 1 Dec 10 to
31 Jul 11. In view of the above and in the interest of equity
and justice, we recommend his record be corrected as 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 29 November 2010 but on that date
he was continued on active duty until 31 July 2011.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-04185 in Executive Session on 21 Jun 12, 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 20 Oct 11, w/atchs.
Exhibit B. Letter, AFMOA/SGHI, dated 20 Jan 12,
w/atch.
Exhibit C. Letter, SAF/MRBR, dated 24 Jan 12.
Panel Chair
AF | BCMR | CY2013 | BC-2013-00996
MEDCON managed by SGHI and through CMAS does not provide orders for ADOS tours. The complete SGHI evaluation 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. Exhibit C. Letter, AFMOA/SGHI, dated 8 Jul 13.
AF | BCMR | CY2011 | BC-2011-04977
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04977 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her records be corrected to reflect she was not released from active duty on 2 Sep 11, but was instead retained on active duty for medical continuation (MEDCON) until 16 Nov 11. Severalattempts were made to secure MEDCON orders with no responses...
AF | BCMR | CY2011 | BC-2011-03992
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. 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. ________________________________________________________________ THE...
AF | BCMR | CY2012 | BC-2012-01021
His orders should have continued for medical treatment of the injuries he incurred during his TDY to Korea. In support of his request the applicant provides copies of VA Form 10-5345, Request for and Authorization to Release Medical Records or Health Information; and AF Forms 938, Request and Authorization for Active Duty Training/Active Duty Tour. SGHI states there were no notes provided to show that the applicant followed up with his Primary Care Manager (PCM) or what the prescribed...
AF | BCMR | CY2013 | BC 2013 00118
The Medical Consultant states that the applicant may be eligible for at least periodic restoration of active duty orders to receive treatment for his medical condition on the dates he was required to take leave from his civilian employment, but finds the evidence insufficient to establish MEDCON orders along the entire continuum requested; noting the evidence suggesting that his medical condition waxed and waned while under treatment with epidural and sacroiliac steroid injections; allowing...
AF | BCMR | CY2013 | BC 2013 01000
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01000 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: She receive medical continuation (MEDCON) orders for the period 17 Sep 11 to 30 Jul 12; or in the alternative she receive Incapacitation (INCAP) Pay for the period she was released from MEDCON orders. In accordance with AFRCI 36-3004, Incapacitation...
AF | BCMR | CY2013 | BC-2013-00485
The medical unit had no records of the applicant since he retired and his records were sent to the Medical Record Repository. §12302 orders at the time of injury. ________________________________________________________________ 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...
AF | BCMR | CY2011 | BC-2011-04716
From 1 Mar 10 to 6 Oct 11, he should have been on medical continuation (MEDCON) orders for his injuries. Per SAF/AA Memo, Return to Active Duty of Air Force Reserve Component Members Unable to Perform Military Duties, dated 8 Dec 06, Entitlement under this policy shall begin when the condition renders the Airman unable to perform military duties, not when the injury occurred or when the Airman was released from active duty. In this instance, the surgical date would be considered the date...
AF | BCMR | CY2013 | BC-2013-00637
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00637 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be entitled to Medical Continuation (MEDCON) orders starting on 20 Sep 12 vice 10 Oct 12, based on his injury he sustained In the Line of Duty (INLOD). ________________________________________________________________ THE APPLICANT...
AF | BCMR | CY2012 | BC 2012 05854
His records be corrected to show that he was not released from active duty on 7 Aug 12, but instead continued on active duty for medical continuation (MEDCON) until 4 Sep 12. § 1207a, a disabling condition will be found to be in the line of duty (ILOD) if it becomes unfitting, even though the condition existed prior to service (EPTS), if the member has at least eight years of cumulative active service, and the member was on active duty orders specifying a period of more than 30 days at the...