DOCKET NUMBER:  BC-2012-01086 
COUNSEL:  NONE 
HEARING DESIRED: NO 

                       RECORD OF PROCEEDINGS 
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 
 
IN THE MATTER OF: 
 
    
 
   
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
She  receive  service  credit  for  the  period  she  received 
Incapacitation (INCAP) Pay, 27 May 2011 through 15 October 2011 
when.   
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
1.  Her active duty orders ended on 8 May 2011 and her medical 
continuation  (MEDCON)  orders  should  have  been  effective 
9 May 2011,  but  medical  personnel  reviewed  her  case  and 
determined INCAP pay was the appropriate funding source because 
she  was  not  eligible  for  MEDCON  orders  based  on  her  medical 
condition.   
 
2.  She  received  new  guidance  via  an  email  message  from  the 
National  Guard  Bureau  (NGB)regarding  MEDCON  orders  ,  which 
stated,  “if  you  have  anyone  who  was  denied/declined  MEDCON 
orders, who is receiving INCAP pay, they may be eligible for a 
return to active duty under the new policy.  USAF does not have 
the  authority  to  backdate  but  those  who  qualify  for  MEDCON 
orders can file a BCMR and request service credit.”   
 
3.   It  was  only  after  she  received  an  appointment  at  Wilford 
Hall Medical Center to begin her Medical Evaluation Board (MEB) 
process that she was approved for MEDCON orders.   
 
In  support  of  her  request,  the  applicant  submits  copies  of  her 
Point  Credit  Summary,  supporting  email  messages  and  documents, 
and  the  SAF/MR,  memorandum;  subject:  Medical  Continuation  for 
Air  Reserve  Component  (ARC)  Members  Memorandum,  dated 
9 December 2011.   
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A.  
 
________________________________________________________________ 
 
 
 
 

STATEMENT OF FACTS: 
 
According  to  documents  extracted  from  the  Air  Force  Automated 
Records  Management  System  (ARMS),  the  applicant  is  a  former 
enlisted  member  of  the  Regular  Air  Force  (RegAF)  and  the  Air 
National  Guard  (ANG)  components.    She  served  in  the  RegAF  from 
4 February 2003, through 1 August 2007, and enlisted in the New 
Hampshire ANG on 2 August 2007.  She was progressively promoted 
to  the  grade  of  Staff  Sergeant,  having  assumed  that  grade 
effective  and  with  date  of  rank  of  23  January 2009.    The 
applicant was separated from the ANG on 26 June 2012, and placed 
on  the  Temporary  Disability  Retired  List  (TDRL)  effective 
27 June  2012  with  a  compensable  percentage  for  physical 
disability of 100 percent.  Her service records were transferred 
to HQ Air Reserve Personnel Center, Denver, Colorado.   
 
The  applicant  was  on  Military  Personnel  Appropriation  (MPA) 
orders from 1 October 2009, through 8 May 2011.  In March 2009, 
the applicant was diagnosed with a heart related medical issue.  
Her condition was found to be in the line of duty and a Medical 
Evaluation  Board  (MEB)  was  initiated.    Her  orders  ended  in 
May 2011,  but  she  was  not  eligible  for  medical  continuation 
orders  based  on  her  medical  condition  as  defined  in  the,  then 
current,  AF  Process  Guidance  and  Responsibility  for  Medical 
Continuation  of  Air  Reserve  Component  (ARC)  Members.    The 
applicant applied and was approved for incapacitation pay.   
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFMOA/SGHI  recommends  denial.    SGHI  states  the  applicant  was 
denied  MEDCON  orders  on  11  May  2011.    She  would  have  been 
eligible  for  MEDCON  orders  had  the  date  she  was  referred  into 
the  Disability  Evaluation  System  (DES)  been  defined.    In 
accordance  with  (IAW)  the  SAF/MR  policy  memorandum  dated 
9 December 2011, Procedures, Section C., “ARC members on medical 
continuation orders who are referred into the DES will remain on 
medical continuation orders until the DES process is completed.”  
Current  policy  does  not  specify  when  the  referral  into  the  DES 
process began.  The applicant’s medical condition was defined as 
not  being  severe  enough  to  justify  MEDCON  orders  since  she  was 
on medication management and did not have any ongoing treatments 
based  on  documentation  from  her  doctor.    Incapacitation  pay 
appeared  to  be  the  appropriate  remedy  of  pay  and  allowance  for 
the  applicant’s  condition  and  present  treatment  until  she  was 
scheduled for her MEB appointments beginning on 16 October 2011, 
at which time MEDCON orders were approved.   
 
The complete AFMOA/SGHI evaluation is at Exhibit C. 
 
________________________________________________________________ 
 

 

 
2 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
A copy of the Air Force evaluation (Exhibit D) was forwarded to 
the  applicant  on  1  May  2012,  for  review  and  comment  within 
30 days.  To date, this office has not received a response.  
 
________________________________________________________________ 
 
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.    After 
considering  the  totality  of  the  evidence  before  us,  and  noting 
the  recommendation  from  AFMOA/SGHI  to  deny  relief,  we  are 
persuaded  that  relief  is  warranted  in  this  case.    In  this 
regard,  we  note  that  in  accordance  with  DoDI  1241.2,  Reserve 
members on orders for more than 30 days who incur a condition in 
the line of duty that renders them unfit for military duty will 
be  retained  on  active  duty  orders  until  they  are  either  found 
fit  for  duty  or  separated  through  the  disability  evaluation 
system  (DES).    In  view  of  this  and  since  the  applicant  was  on 
such orders at the time of her March 2009 diagnoses of a heart 
related medical condition, which was determined to be ILOD, she 
should  have  been  retained  on  active  duty  until  the  final 
disposition  of  her  DES  processing  occurred.    Therefore,  we 
recommend  the  applicant’s  record  be  corrected  as  indicated 
below.   
 
________________________________________________________________ 
 
THE BOARD RECOMMENDS THAT: 
 
The  pertinent  military  records  of  the  Department  of  the  Air 
Force  relating  to  APPLICANT  be  corrected  to  show  that  she  was 
not released from active duty on 8 May 2011, but was continued 
on active duty until 15 October 2011.   
 
________________________________________________________________ 
 
The  following  members  of  the  Board  considered  this  application 
BC-2012-01086 in Executive Session on 2 October 2012, under the 
provisions of AFI 36-2603: 
 
 
 
 
 

  Panel Chair 
  Member 
  Member 

 
3 

 
 

 

The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 7 March 2012, w/atchs. 
    Exhibit B.  Applicant’s Military Personnel Records. 
    Exhibit C.  Letter, AFMOA/SGHI, dated 24 April 2012. 
    Exhibit D.  Letter, SAF/MRBR, dated 1 May 2012 
 
 
 
 
                                     
                                   Panel Chair 
 

 

 
4