RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05213
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He receive medical continuation (MEDCON) orders for the period 
21 May 11 to 22 Jun 11 and 24 Sep 11 to 23 Dec 11.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was injured during his deployment to Turkey, but was 
erroneously released from active duty before his medical issue 
was resolved.  His MEDCON request was repeatedly declined 
because his unit failed to complete his line of duty (LOD) 
determination.  MEDCON orders were finally approved with a start 
date of 23 Jun 11.

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

_________________ ______________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in 
the grade of technical sergeant (E-6).

On 3 Sep 10, the applicant was ordered to active duty in support 
of Operation IRAQI FREEDOM for the period 22 Dec 10 through 
22 Mar 11. His orders were subsequently amended with a new 
expiration date of 20 May 11. 

On 7 Feb 11, the applicant incurred an injury to his right lung. 

On 28 Feb 11, the applicant was placed on duty and mobility 
restriction.  He was prohibited from pushing or pulling greater 
than 40 pounds, repetitive bending, running, walking greater 
than 0.1 miles and restricted from flying.  The report further 
noted the applicant was undergoing an Medical Evaluation Board 
(MEB) to determine medical fitness for worldwide duty and 
retention.  The applicant was restricted from permanent change 
of station (PCS), deployment, or mobility assignment until 
disposition was determined and reflected on a new AF Form 422.  
The applicant was requested to report for re-evaluation by a 
military physician and to furnish documentation from his private 
physician indicating the diagnosis, prognosis, further 
treatment, prescribed medication, planned follow-up care, 
physical limitations, duty restrictions, and release date by 
1 Jun 11.

On 13 Mar 11, a LOD determination was initiated.  

On 20 May 11, the applicant was released from active duty and 
reverted to his traditional (part-time) status as a member of 
the Reserve.

On 9 Jun 11, the applicant’s injury was determined to be in LOD.

On 23 Jun 11, the applicant commenced a MEDCON tour  under the 
provisions of Title 10, United States Code, Section 12301 (h), 
which provides authority to order a member of the reserve forces 
to active duty to receive authorized medical care or to be 
medically evaluated for disability or other purposes.  A member 
ordered to active duty under this authority may, with the 
member’s consent, be retained on active duty for medical 
treatment for a condition associated with the evaluation.

On 23 Sep 11, the applicant was released from active duty and 
once again reverted to his traditional status.  However, the 
applicant had not been cleared for return to duty.  A MEDCON 
extension request was submitted and rejected to due missing 
documentation.

On 6 Oct 11, a new MEDCON request was submitted.  The request 
was declined due to discrepancies with the documentation and LOD 
issues.  On 1 Nov 11, the MEDCON request was resubmitted and on 
5 Dec 11 the request was declined due to new medical condition 
and an LOD had not been completed.  

________________________________________________________________

AIR FORCE EVALUATION:

AFMOA/SGHI recommends the request for MEDCON orders for the 
period 21 May 11 to 22 Jun 11 be approved.  The applicant’s unit 
failed to submit the MEDCON request in a timely manner.  Per 
MEDCON guideline had his unit submitted the request on the date 
the LOD was completed through his unit commander the applicant 
would have qualified for MEDCON orders.  However, his request 
for MEDCON orders for the period 24 Sep 11 through 23 Dec 11 
should be denied as there was no documentation provided to 
justify maintaining the applicant on MEDCON orders.

A complete copy of the AFMOA/SGHI evaluation is at Exhibit C.

________________________________________________________________



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluations was forwarded to the 
applicant on 17 Jul 13 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 timely filed.

3.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice warranting 
partial relief.  We took notice of the applicant's complete 
submission in judging the merits of the case and agree with the 
opinion and recommendation of the Air Force office of primary 
responsibility and adopt its rationale as the basis for our 
conclusion that the applicant has not been the victim of an 
error or injustice with respect to his request for MEDCON orders 
for the period 21 May 11 through 22 Jun 11.  As for his request 
for MEDCON orders for the period 24 Sep 11 through 23 Dec 11, we 
also believe that relief is warranted.  We note the comments of 
the Air Force OPR indicating that the applicant provided 
insufficient documentation to justify his retention on active 
duty orders during this period.  However, in view of the fact 
the applicant has presented evidence indicating that through no 
fault of his own, his unit repeatedly failed to timely submit a 
properly constituted request for MEDCON orders during the matter 
under review, we are not inclined to presume the unit’s requests 
related to this second period of duty were processed in 
accordance with the governing instructions.  Therefore, we 
believe it appropriate to recommend the applicant’s 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 he was 
not released from active duty on 20 May 2011, but on that date, 
he continued to serve on active duty for the purposes of medical 
continuation (MEDCON) until 23 December 2011, when he was 
released from active duty.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2012-05213 in Executive Session on 22 Oct 13, 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 26 Sep 12, w/atchs.
	 Exhibit B.  Applicant's Master Personnel Records.
	 Exhibit C.  Letter, AFMOA/SGHI, dated 28 Jun 13.
	 Exhibit D.  Letter, SAF/MRBR, dated 17 Jul 13.
	



                                   
                                   Panel Chair