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. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was wrongfully released from active duty before the Medical 
Evaluation Board (MEB) made its decision and determined final 
disposition on her disability case. 

 

In support of her request, the applicant provides copies of 
extracts of her military personnel and service medical records, 
which include her AF Form 348, Line of Duty Determination, AF 
Form 469, Duty Limiting condition Report, statements of support 
from her healthcare providers, and various email traffic related 
to the matter under review. 

 

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

 

_________________ ______________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s military personnel records indicate she served 
as a member of the Air Force Reserve in the grade of master 
sergeant (E-7) during the matter under review. 

 

On 1 May 11, the applicant was ordered to active duty 
(voluntary) under the provisions of 10 USC 12301(h) for the 
purposes of medical continuation (MEDCON). 

 

According to a medical narrative summary provided by the 
applicant, she suffered from progressive right arm numbness 
beginning in early 2010 diagnosed as cervical radiculopathy and 
resulting in a cervical discectomy and fusion in May 2011; 
chronic low back pain secondary to degenerative disk disease and 
chronic left hip pain. 

 


On 31 May 11, the applicant had neck surgery and was on 
convalescent leave from the time of her surgery until 5 Sep 11. 

 

On 2 Sep 11, the applicant was released from her MEDCON active 
duty tour. 

 

On 27 Oct 11, a Line of Duty (LOD) determination was initiated 
to evaluate the applicant’s medical condition for service 
connection. On 9 Dec 11, the appointing authority indicated a 
finding of in the LOD. 

 

On 17 Nov 11, the applicant was again ordered to active duty 
(voluntary) in accordance with 10 USC 12301(h) (medical 
continuation) and served until 18 Apr 12 when she was released 
from active duty at the completion of her required active 
service. 

 

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 C. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

NGB/A1S recommends approval of the applicants request and notes 
that DoDI 1241.2, Reserve Components Incapacitation System 
Management, indicates that a Reserve component member on active 
duty under a call or order to active duty specifying a period of 
31 days or more, who incurs or aggravates an injury, illness, or 
disease in the line of duty shall, with the member’s consent, be 
continued on active duty upon the expiration of a call or order 
to active duty until the member is determined fit for duty or 
the member is separated or retired as a result of a Disability 
Evaluation System determination. The applicant has provided 
sufficient documentation to substantiate she should have been 
retained on active duty during the requested period. 

 

A complete copy of the NGB/A1S evaluation is at Exhibit C. 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the NGB/A1S evaluation was forwarded to applicant on 
6 Mar 12 for review and comment within 30 days. As of this 
date, no response has been received by this office (Exhibit D). 

 

________________________________________________________________ 

 

ADDITIONAL AIR FORCE EVALUATION: 

 

AFMOA/SGHI recommends denial, indicating the applicant and the 
162nd Medical Group were allocated the appropriate timeframe to 
provide supporting medical documentation, but failed to do so in 
a timely manner. The applicant was on medical continuation 
orders from 1 May 11 through2 Sep 11. It is standard protocol 
that themember, their unit, or medical unitrequest an 
extension to the MEDCON orders via a request to AFMOA-Medical 
Continuation Division that contains medical treatment 
documentation and a AF 469, at least five days prior to 
expiration of the Command Man-day Accounting System (CMAS)
authorization. However, no such extension request was submittedby the applicant’s medical unit prior to 2Sep11in accordance 
with the aforementioned procedure. The applicant’s request for 
continuation was ultimately submitted on9 Sep 11, after the 
expiration of her MEDCON orders on 5 Sep 11. Herrequest was 
notdenied by AFMOA or anyone else as the request to stay on 
MEDCON orders was not submitted in a timely manner and her casewas released in CMAS as failure to submit medical documentation. 
Shewould not have been released if the requestfor an extensionhad been timely submitted by her or her unit prior to 2 Sep 11. 
The applicant was not able to get her appointment on time andget copies of her paperwork to submit an extension until 
9Sep11. Upon receipt of the medical documentation on 
9Sep11, AFMOAinformed the 162ndMedical Group the case hadbeen released and they were going to have to resubmit a new CMAS 
request along with completing all required AFMOA forms. The 
162ndMedical Group staff made failed attempts to complete a new 
CMAS request for the applicant that met AFMOA MEDCON guidelines. 
On 17 Nov 11, the applicant’s CMAS request for MEDCON orders wasapproved.

Thecomplete copy of the AFMOA/SGHIevaluation is at Exhibit E.

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant indicatesthe staff from 162ndMedical GrouprequestedMEDCON orders with the proper documentation on 9Sep11 when the physicians notes were aXXXXXXXable. Severalattempts were made to secure MEDCON orders with no responses on 
numerous occasions.Sufficient documentation was provided and 
standard protocol was in place when an extension of her MEDCON 
orders was requested prior to 2 Sep 11, which is when her MEDCON 
orders expired.

DoDI 1241.2 paragraph 5.2.8.2 states “The Secretary of theMilitary Departments shall establish procedures to ensure that 
medicaltreatment for an injury, illness, or disease incurred oraggravated in the line of duty is not delayed because of 
administrative requirements.” Additionally DoDI 1241.2, also 
indicates thata reserve component member on active duty under a 
call or order to active duty specifically for a period of 31 
days or more, who incurs or aggravates an injury, illness or 
disease in the line of duty shall, with the member’s consent, becontinued on active duty upon the expiration of call or order toactive duty until the member is determined fit for duty or themember is separated or retired as a result of a Disability 
Evaluation System determination.



The National Guard Bureau did not follow standard protocol in 
requesting the extension five days prior to the expiration of 
her orders. While she was unable to secure her next medical 
appointment until 29 Aug 11, she made her unit aware of this 
circumstance well prior to the 2 Sep 11 deadline; however, her 
unit did not timely initiate her request. 

 

The applicant’s complete response, with attachments, is at 
Exhibit F. 

 

________________________________________________________________ 

 

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 that she was wrongfully released from active 
duty before the Medical Evaluation Board (MEB) made their 
decision and final disposition on her disability case. After a 
thorough review of the evidence of record, we believe that a 
preponderance of the evidence indicates the applicant was the 
victim of an injustice. While we note the comments of 
AFMOA/SGHI indicating the applicant’s orders were not extended 
due to the failure of her unit to timely submit the 
documentation required to obtain the requested extension, we are 
not convinced the predicament the applicant finds herself in was 
totally within her control. In this respect, we note that due 
to circumstances beyond her control, she was unable to make a 
critical medical appointment until almost immediately prior to 
the suspense for her unit to request her medical continuation 
orders be extended. Because of the proximity of this 
appointment to the deadline for submitting her request, the 
medical notes from this appointment were not aXXXXXXXable until 
after her orders expired. Therefore, in view of the above, we 
believe the evidence is sufficient to find it in the interest of 
justice to correct the applicant’s record as indicated below. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force pertaining to the APPLICANT be corrected to show she was 
not released from active duty on 2 September 2011, but on that 
date, continued to serve on active duty for the purpose of 
medical continuation until she was released from active duty on 
18 April 2012. 

 

________________________________________________________________ 


The following members of the Board considered AFBCMR Docket 
Number BC-2011-04977 in Executive Session on 26 Jun 12, under 
the provisions of AFI 36-2603: 

 

 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, 2 Dec 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, NGB/A1PS, dated 5 Jan 12. 

 Exhibit D. Letter, SAF/MRBR, dated 6 Mar 12. 

 Exhibit E. Letter, AFMOA/SGHI, dated 16 May 12. 

 Exhibit F. Letter, Applicant, dated 3 Jun 12, w/atchs. 

 

 

 

 

 

 Panel Chair