RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04716 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His official records be corrected to show he was on medical 
continuation orders from 1 Mar 10 to 6 Oct 11. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was on active duty orders for over 31 consecutive days when 
he was injured in a motor vehicle accident, after which an 
Informal Line of Duty Determination (LOD) determined his 
injuries were in the LOD. From 1 Mar 10 to 6 Oct 11, he should 
have been on medical continuation (MEDCON) orders for his 
injuries. An administrative error occurred in the LOD 
processing and caused the continual denial of MEDCON orders. As 
a result, he was unjustly placed on a P4 profile which did not 
allow him to receive points or pay until 7 Oct 11. 

 

In support of his request, the applicant provides copies of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty; letter from his Congressman in response to his 
Congressional Inquiry; several AF Forms 938, Request and 
Authorization for Active Duty Training/Active Duty Tour; and 
several AF Forms 469, Duty Limiting Conditions Report. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The following facts were extracted from the information provided 
by the applicant: 

 

The applicant is a member of the Air Force Reserve who was 
serving on active duty orders during the period 1 Apr 09 through 
30 Sep 09, when he was involved in a motor vehicle accident, 
sustaining injuries to his neck and back. He continued to serve 
on active duty through 28 Feb 10. 

 


On 3 Mar 10, he reported his injuries to the medical clinic. An 
Informal LOD determination was initiated on 31 Mar 10 upon 
receipt of the police report documenting the accident. 

 

On 2 Jul 10, the applicant underwent surgery for injuries he 
sustained in the accident, and subsequently applied for MEDCON 
Orders on 6 Jul 10. According to SAF/LL correspondence provided 
by the applicant, an administrative error caused his LOD 
determination to be inadvertently closed, halting continued 
processing through to the Air Force Reserve LOD Board. 

 

On 7 Jan 11, the processing of the applicant’s LOD determination 
resumed and the Air Force Reserve LOD Board found the 
applicant’s injuries to be in the LOD and he was placed on a 
medical profile on 1 Apr 11, which included mobility 
restrictions on 1 Apr 11. The member received MEDCON orders 
beginning on 7 Oct 11. 

 

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
responsibility which is included at Exhibit C. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFMOA/SGHI recommends denial, indicating there is no evidence of 
an error or injustice. The Command Man-day Allocation System 
(CMAS) authorizations indicate the member was on continuous 
active duty orders from 1 Apr 09 through 30 Sep 09, 1 Oct 09 
through 30 Jan 10, 3 Feb 10 through 28 Feb 10, and MEDCON orders 
from 7 Oct 11 through 3 Apr 12. There is no documentation in 
the member’s records between 17 Sep 09 and 2 July 10 to indicate 
the member was unable to return to work. CMAS also shows the 
initial MEDCON request was submitted on 6 Jul 10. 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 the member was unable to perform military duties. 
However, if the member elects to have a surgical procedure prior 
to being placed on MEDCON orders, the orders are started the day 
after the surgery. 

 

The initial request for MEDCON orders, dated 6 Jul 10, and 
subsequent requests were declined due to an incomplete LOD 
determinations on multiple occasions, and then were declined by 
the Allocation staff on 31 Jan 11 with the following statement 
as justification: “A medical impairment or physical defect 
standing alone does not constitute a physical disability. To 
constitute a physical disability, the medical impairment or 
physical defect must be of such a nature and degree of severity 
as to interfere with the member’s ability to adequately perform 


his or her duties;” and further states, “Inability to perform 
the duties of his or her office, grade, rank, or rating in every 
geographical location and under every conceivable circumstance 
will not be the sole basis for a finding of unfitness.” Having 
a medical condition or an LOD does not constitute sole 
eligibility for MEDCON man-days. As an alternative, also IAW 
DODD 1241.1, Reserve Component Medical Care and Incapacitation 
Pay and Line of Duty Conditions, and DoDI 1241.2, Reserve 
Component Incapacitation System Management, Incapacitation 
(INCAP) pay is appropriate when a member can perform military 
duties but cannot return to their civilian job due to their duty 
related injuries. As such, INCAP Pay would be a more 
appropriate remedy. 

 

The complete AFMOA/SGHI evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 24 Feb 12 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 not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. The 
applicant contends he should have been placed on active duty for 
medical continuation (MEDCON) orders until his medical condition 
was resolved. After a thorough review of the evidence of record 
and the applicant’s complete submission, we believe a 
preponderance of evidence indicates he should have been placed 
on MEDCON orders as early as 3 Mar 10. In this respect, we note 
the applicant was injured while on active duty orders for 
31 days or more, and properly reported his injuries on 3 Mar 10. 
Based upon the letter to the applicant’s Congressman from the 
Office of the Secretary of the Air Force for Legislative 
Liaison, an administrative error inadvertently closed his LOD 
case, delaying a final determination until 7 Jan 11. The error 
in completing his LOD determination resulted in his request for 
MEDCON orders initially being denied, and orders cannot be 
backdated to cover the period he should have been in an on order 
status. As a result, his MEDCON orders did not begin until 
7 Oct 11. We note the comments of the Air Force office of 


primary responsibility (OPR) indicating that a medical condition 
incurred in the LOD alone does not constitute the sole basis for 
entitlement to MEDCON orders. However, in view of the 
inexplicable delay in processing his LOD determination, and 
noting that the applicant has presented evidence that he 
underwent corrective surgery and an extensive recuperative 
period, we believe it is more likely than not the applicant’s 
LOD injury rendered him unfit for duty during the period 
immediately following his active duty tour and, thus, formed the 
basis of his entitlement to MEDCON orders. Therefore, to 
preclude the possibility of an injustice we believe it 
appropriate to resolve any doubt in the applicant’s favor and 
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 
3 March 2010 he was placed on active duty for the purpose of 
medical continuation and remained on active duty through 
6 October 2011. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-04716 in Executive Session on 5 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 22 Nov 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFMOA/SGHI, dated 15 Feb 12. 

Exhibit D. Letter, SAF/MRBR, dated 24 Feb 12. 

 

 

 

 

 

 Panel Chair