DOCKET NUMBER: BC-2012-02179
COUNSEL: NONE
HEARING DESIRED: NO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be entitled to medical continuation (MEDCON) for his In the
Line of Duty (INLOD) injury from 11 Jun thru 22 Aug 11.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He was supposed to be on orders for surgery from injuries he
received during his deployment starting in Aug 10. In lieu of
MEDCON, he was placed on incapacitation pay (INCAP) by mistake;
however, he was never supposed to be on INCAP.
In support of his appeal, the applicant provides copies of his
Leave and Earnings Statement, dated 23 Mar 12; MEDCON
Authorization messages and orders for the period 22 Aug 11 thru
27 Aug 11, with extensions to 18 Jan 12; requests for
incapacitation pay and Informal Line of Duty Determination.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Based on the available evidence of record and the letter
provided by the Air Force Medical Operations Agency (AFMOA), the
applicant was recalled to EAD during the period of 27 Aug 10 to
24 Feb 11. He was placed on MEDCON orders for the period
25 Feb 11 to 20 Jun 11 and from 22 Aug 11 to 13 Jan 12.
During the period under review, the applicant experienced medial
meniscus of right knee (dislocation of the knee); also, it was
later determined that he had bilateral knee pain. He was
approved for INCAP for the period 11 Jun 11 through 21 Aug 11.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFMOA/SGHI recommends denial of the applicant’s request for
continued active duty from 11 Jun to 22 Aug 11.
The applicant was approved for INCAP pay; documents show a start
date of 11 Jun 11 through 21 Aug 11. The requirement for MEDCON
orders, at the time he was requesting an extension of his
orders, is that the member must be unable to perform his
military duties. In addition, they noted in accordance with the
governing directive and the Secretary of the Air Force (SAF)
Memorandum para 2, entitlement under this policy shall begin
when the condition renders the airman unable to perform military
duties; not when the injury occurred or when the airman was
released from active duty. Medical documentation indicates the
applicant was “doing quite well. He is still in therapy and is
going to continue for another week.” No further treatment was
recommended. The medical provider note, dated 29 Jun 11,
indicates “follow up in 6 weeks for treatment of other LOD
condition.” Surgery was not scheduled until 23 Aug 11 and no
treatment was in progress during 11 Jun 11 through 21 Aug 11.
Orders started on 22 Aug 11 to provide a preoperative day for
his surgery.
The complete SGHI evaluation, with attachments, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
The applicant reiterated his original contentions and his belief
that he should have been continued on active duty versus his
receipt of INCAP pay. INCAP pay denies him additional
entitlements which he would have received had he remained on
MEDCON orders.
In support of his appeal, the applicant submits a personal
statement and a letter from his civilian medical provider.
The applicant’s complete response, with attachments, is at
Exhibit E.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
2
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation
of the AFMOA and adopt its rationale as the basis for our
conclusion the applicant has not been the victim of an error or
injustice. In this respect, we note that since the applicant
received INCAP pay for the period in question, as pointed out by
SGHI, in order for a member to receive an extension to orders,
the governing directives require that the member be unable to
perform his military duties. The applicant has not provided
sufficient evidence that supports he was unable to perform his
military duties. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the relief
sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-02179 in Executive Session on 7 November 2012,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Apr 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFMOA/SGHI, dated 24 Aug 12, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 28 Aug 12.
Exhibit E. Letter, Applicant, dated 13 Sep 12, with atch.
Panel Chair
3
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