RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03005
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be placed on medical continuation (MEDCON) orders from
9 Nov 11 until he is returned to duty or disability separated.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
In accordance with the governing directive, since his initial
active duty training (IADT) tour was over 31 days or more when
his injury occurred, he should not have had a break in service
during this period.
In support of his appeal, the applicant provides copies of ANGI
36-3001, Military Entitlement, Air National Guard Incapacitation
Benefits; extracts from his medical records, and various other
documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant, a member of the Air National Guard (ANG), while
completing his IADT orders from 15 Jun 10 - 8 Nov 11,
experienced pain in his left knee starting in Jan 11 and
received treatment through Oct 11. The orthopedic clinic
determined that surgery was required to remove a benign cyst.
The applicant was directed to return to his home of record (HOR)
and continue the medical process associated with removal of the
cyst.
The applicant IADT tour orders ended on 8 Nov 11. The applicant
was subsequently placed on MEDCON orders starting 25 Jul 12.
________________________________________________________________
THE AIR FORCE EVALUATION:
NGB/A1P concurs with A1PS recommendation to amend the
applicants orders to include the period from 9 Nov 11 -
24 Jul 12.
A1PS notes the documentation provided supports the applicants
injury while on BMT (Title 10) orders. When he returned to his
duty station, a Line of Duty (LOD) was completed and his injury
was deemed "In the Line of Duty." Documentation was acquired
from his unit requesting MEDCON days from 25 Jul 12 - 23 Sep 12
for the surgery to remove the cyst. MEDCON eligibility requires
an LOD determination and a finding by a credentialed military
health care provider that the airman has an unresolved health
condition requiring treatment and renders him/her unable to meet
retention or mobility standards in accordance with (IAW) AFI 48-
123, Medical Examinations and Standards.
The complete A1P evaluation, with attachments, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
The applicant questions A1Ps recommendation to correct the
records because as of Jan 13, he was still on MEDCON orders, he
is not sure when his orders will end. He believes he should
remain on orders and wants to ensure that his orders will
continue until his condition is fully resolved.
The applicants complete response is at Exhibit D.
________________________________________________________________
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 error or injustice warranting
corrective action. The National Guard Bureau office of primary
responsibility has adequately addressed the issues presented by
the applicant and we are in agreement with its recommendation to
grant the requested relief. In view of the applicants concern
that he be continued on MEDCON orders until his condition is
resolved, the NGB was contacted and they have confirmed that he
will remain on MEDCON orders for the duration of his medical
evaluation and treatment. Accordingly, we recommend the
applicants record be corrected as indicated below.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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 8 Nov 11, but on that date, he
was continued on active duty until 24 Jul 12.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-03005 in Executive Session on 26 Feb 13, under
the provisions of AFI 36-2603:
All members voted to correct the records, as recommended.
Although, Mr. Russell chaired the panel, in view of his untimely
death, Mr. Allen has signed as Acting Panel Chair. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Jul 12, w/atchs.
Exhibit B. Letter, NGB/A1P, dated 26 Nov 12, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 14 Dec 12.
Exhibit D. Letter, Applicant, dated 4 Jan 13.
Acting Panel Chair
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