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AF | BCMR | CY2012 | BC 2012 03005
Original file (BC 2012 03005.txt) Auto-classification: Approved
 

 

 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 applicant’s 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 
applicant’s orders to include the period from 9 Nov 11 - 
24 Jul 12. 

 

A1PS notes the documentation provided supports the applicant’s 
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 A1P’s 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 applicant’s 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 applicant’s 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 
applicant’s 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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