ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-02179
		COUNSEL:  NONE
		HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

1.  He be entitled to Medical Continuation (MEDCON) for the 
period, 11 Jun 11 thru 22 Aug 11, rather than Incapacitation Pay 
(INCAP Pay).  

2.  He be entitled to MEDCON for the period of 18 Jan 12 to 19 Sep 
12. 

3.  In his rebuttal, dated 30 Aug 13, the applicant amended his 
request to be entitled to MEDCON from 19 Jan 12 – 19 Sep 12.


STATEMENT OF FACTS:

According to an AF Form 469, Duty Limiting Condition Report, dated 
4 Feb 12, the applicant’s Primary Care Manager (PCM), recommended 
a review by a Medical Evaluation Board (MEB) or Physical 
Evaluation Board (PEB).

On 3 Oct 12, the MEB diagnosed the applicant with Bilateral 
Meniscal Tears and recommended he be medically separated.

On 7 Nov 12, the Board denied a previous request for MEDCON for 
the period, 11 Jun 11 thru 22 Aug 11, instead of INCAP Pay.  For 
an accounting of the facts and circumstances surrounding the 
applicant’s request, and, the rationale of the earlier decision by 
the Board, see the Record of Proceedings, with attachments, at 
Exhibit F.

According to the applicant’s AF Form 356, Findings and Recommended 
Disposition of USAF Physical Evaluation Board, dated 16 Nov 12, an 
Informal PEB (IPEB) diagnosed the applicant with Bilateral 
Meniscal Tears, Status Post-Surgical Repair, Chondromalacia 
Patella-Osteoarthristis - Existed Prior to Service (EPTS) and 
referred the applicant’s case to the Department of Veterans 
Affairs for a compensable disability rating.

On 6 Aug 12, the applicant requested that he be entitled to pay 
and points for the period 14 Jan 12 through 6 Aug 12; however, on  
16 Jul 13, the Board denied his request.  For an accounting of 
the facts and circumstances surrounding the applicant’s request, 
and, the rationale of the earlier decision by the Board, see the 
Record of Proceedings, with attachments, at Exhibit G.

On 19 Aug 13, the IPEB rendered a new finding and diagnosed the 
applicant with:  

     Category I: Bilateral Meniscal Tears, Status Post (S/P) 
Surgical Repair; DVA rated as; Left Knee Degenerative Joint 
Disease, S/P Meniscal Tear, Right Knee Degenerative Joint Disease, 
S/P Meniscal Tear.

	Category II:  Right Shoulder Degenerative Changes w/Rotator 
Cuff Strain, S/P Surgery and recommended severance pay with a 
compensable disability rating of 20 percent.  

On 3 Sep 13, the applicant nonconcurred with the IPEB’s findings 
and his case was referred to the Formal PEB (FPEB).

On 15 Jan 13, the applicant submitted a DD Form 149, requesting 
that he be entitled to MEDCON for the period of 10 Jun 11 through 
20 Sep 11.  However, on 28 Aug 13, the Board advised the applicant 
that his DD Form 214, Certificate of Release or Discharge from 
Active Duty already reflected that he was on active duty from 
28 Aug 10 to 13 Jan 12.  Accordingly, his request for 
reconsideration was denied (Exhibit H).

In a letter, dated 6 Sep 13, the applicant requests 
reconsideration for MEDCOM for the periods, 11 Jun 11 to 21 Aug 
11 and 18 Jan 12 to 19 Sep 12.  He states that a thorough review 
of his request was not conducted as he was not on active duty for 
the period reflected on the DD Form 214 and requests that it be 
corrected (Exhibit I).

In Nov 13, ARPC/DP advised the AFBCMR via Electronic Mail (e-
mail), that the applicant’s DD Form 214, for the period 28 Aug 
10 through 13 Jan 12, did not accurately reflect the period the 
applicant was on active duty.

On 14 Nov 13, the FPEB diagnosed the applicant with Category I: 
Left Knee Degenerative Joint Disease, S/P Meniscal Tear; Right 
Knee Degenerative Joint Disease, S/P Meniscal Tear and recommended 
severance pay with a compensable disability rating of 20 percent. 

On 15 Nov 13, the applicant nonconcurred with the FPEB’s findings 
and his case was referred to the Secretary of the Air Force 
Personnel Council (SAFPC) for final disposition.  

On 23 Jan 14, SAFPC directed the applicant be discharged on 29 May 
14, with severance pay and a compensable disability rating of 
20 percent.  

On 15 May 14, the applicant requested transfer to the Inactive 
Status List Reserve Section (ISLRS) in lieu of discharge with 
severance pay.

According to the applicant’s DD Form 214, issued in conjunction 
with his 29 May 14 release from active duty, the applicant was on 
active duty from 20 Sep 12 – 29 May 14. 

According to Reserve Order, EK-4293, on 29 May 14, the applicant 
was relieved from his current assignment and transferred to the 
Air Force Reserve Retired List, awaiting pay at age 60.


AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial of the applicant's 
petition for continuation on active duty orders for the period 
12 Jan 12 [sic] to 19 Sep 12.

The Medical Consultant concedes that the applicant was likely 
experiencing difficulties with his knees; however, the absence of 
any clinical and functional status documentation, e.g., Duty 
Limiting Condition Reports, AF Forms 469, precludes any objective 
assessment of the applicant's condition.  Therefore, there is no 
medical evidence presented for review which supports the 
supposition of an error or injustice by denying active duty orders 
for the period in question.  

The complete BCMR Medical Consultant evaluation is at Exhibit J.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

SAF/MRBR’s letter dated 25 Apr 14, recommends the Board deny his 
claim stating that he was not under care of a physician and had no 
new information to support the claim.   However, according to Air 
Force Instructions a member is to remain on orders until a 
decision is made.

If reviewers would read the regulations concerning medical 
continuation then there would be no discussion in this matter.

His medical unit made the decision to put him in for an MEB in 
Jan 12; however, they dragged their feet in getting the paperwork 
done, which was no fault of his own.

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



ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends approval of the applicant's 
appeal for medical continuation for the period 12 Jan 12 [sic] to 
19 Sep 12.  

Updated documents received On 22 Oct 14, included an AF Form 
469 and other documentation which indicates the applicant had 
indeed sustained a duty limiting condition with regard to his 
chronic knee condition.  On 4 Feb 12, the applicant was 
profiled with restrictions from running, squatting, kneeling or 
climbing.  Comments state the applicant was undergoing an MEB 
to determine medical fitness for continued worldwide duty and 
retention.  The applicant's case continued through the 
disability evaluation process through Jan 14 when SAFPC 
directed discharge with 20 percent disability compensation.  
The applicant was very likely unfit for continued military duty 
to include the period of the appeal, 19 Jan 12 to 19 Sep 12 and 
should have remained on MEDCON orders through the period under 
review.  The applicant had been placed on EAD orders the week 
prior to the period under review (14 Jan 12 - 18 Jan 12) and 
continued on MEDCON order following the period under review 
(20 Sep 12 - 29 May 14).

The complete BCMR Medical Consultant evaluation is at Exhibit M.


APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation was forwarded to the 
applicant on 23 Oct 14 for review and comment within 15 days 
(Exhibit N).  As of this date, no response has been received by 
this office.


THE BOARD CONCLUDES THAT:

1.  In earlier findings, the Board determined there was 
insufficient evidence to warrant placing the applicant on MEDCOM 
for the period 11 Jun 11 through 22 Aug 11 rather than INCAP Pay.  
After again reviewing this application and the evidence provided 
in support of his appeal, it remains our opinion that the 
applicant has failed to sustain his burden of proof that he has 
been the victim of an error or injustice.  We carefully considered 
the statements provided by the applicant and his member of 
congress; however, we were not persuaded by the evidence submitted 
of the existence of an error or injustice.   Therefore, this 
portion of the applicant’s request is not favorably considered.
2.  Notwithstanding, the above, sufficient relevant evidence has 
been presented to demonstrate the existence of an error or 
injustice to warrant MEDCOM for the period 19 Jan 12 to 19 Sep 12.  
Having carefully reviewed the applicant’s request, we agree with 
the opinion and recommendation of the BCMR Medical Consultant and 
adopt the rationale expressed as the basis for our decision that 
the applicant has been the victim of either an error or an 
injustice.  Therefore, we recommend the applicant’s 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 the APPLICANT be corrected to show that he was placed 
on active duty orders, for the purpose of medical continuation in 
accordance with Title 10, U.S.C. §12301(h), from 19 Jan 12 through 
19 Sep 12.


The following members of the Board considered AFBCMR Docket Number 
BC-2012-02179 in Executive Session on 21 Oct 14 and 14 Nov 14 
under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket Number 
BC-2012-02179 was considered:

	Exhibit F.  Record of Proceedings, dated 11 Dec 12,
                 w/atchs.
	Exhibit G.  Record of Proceedings, dated 30 Jul 13,
                 w/atchs
	Exhibit H.  Letter, AFBCMR, dated 28 Aug 13, w/atch.
	Exhibit I.  Letter, Applicant, dated 6 Sep 13, w/atchs.
	Exhibit J.  Letter, BCMR Medical Consultant, 
                 dated 4 Apr 14.
	Exhibit K.  Letter, SAF/MRBR, dated 25 Apr 14.
	Exhibit L.  Letter, Applicant, dated 1 May 14.
	Exhibit M.  Letter, BCMR Medical Consultant, 
                 dated 22 Oct 14.
	Exhibit N.  Electronic Mail, AFBCMR, dated 23 Oct 14,
                 w/atch.