RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03136 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to reflect he was not released from 
active duty on 15 September 2010, but continued to serve for the 
purposes of medical continuation (MEDCON) through 12 February 
2012. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was released from active duty while actively being treated 
for a shoulder injury despite his consistent requests to be 
retained for medical continuation. As a result, he was deprived 
of pay and allowances to which he would have been duly entitled 
had he been retained on active duty from the onset of his injury 
until his case was resolved. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s military personnel records indicate he served in 
the Air Force Reserve in the grade of technical sergeant (E-6) 
during the matter under review. 

 

On 9 May 2010, the applicant was ordered to active duty under 
Title 10, United States Code, Section 12301 (MAJCOM TASKING) in 
support of Operation IRAQI FREEDOM. 

 

On 11 August 2010, the applicant indicated while performing 
military duties he injured himself while lifting a gate. He 
sought medical treatment for right shoulder pain and was 
referred to physical therapy. 

 

On 25 August 2010, the applicant was evaluated by a physical 
therapist for treatment of his right shoulder injury. 


On 31 August 2010, 2 September 2010, 8 September 2010, and 
15 September 2010, the applicant received physical therapy 
sessions for his shoulder injury. 

 

On 15 September 2010, an AF Form 469, Duty Limiting Condition 
Report, was initiated that restricted the applicant’s duty and 
mobility from 15 September 2010 through 28 September 2010. 

 

On 15 September 2010, the applicant was released from active 
duty and reverted to his traditional (part-time) status as a 
member of the Air Force Reserve. 

 

On 17 September 2010, and 22 September 2010, the applicant 
continued to receive physical therapy. 

 

On 29 September 2010, an AF Form 469, Duty Limiting Condition 
Report, was initiated that restricted the applicant’s duty and 
mobility from 29 September 2010 through 30 November 2010. 

 

On 2 October 2010, the applicant was seen for shoulder pain. 

 

On 15 October 2010, the applicant had a follow-up appointment 
for his shoulder. 

 

On 27 October 2010, according to AFMOA/SGHI, the initial request 
for MEDCON orders for the period 16 September 2010 through 
30 November 2010 was submitted. 

 

In accordance with Air Force Instruction 48-123, Medical 
Examination and Standards, an Airman may be eligible for MEDCON 
orders when an injury, illness, or disease is incurred or 
aggravated while serving on orders and that condition renders 
the Airman unable to perform military duties. MEDCON 
eligibility requires a Line of Duty (LOD) determination and a 
finding by a credentialed military health care provider that the 
Airman has an unresolved health condition requiring treatment 
and renders the Airman unable to meet retention or mobility 
standards in accordance with AFI. 

 

On 6 November 2010, an informal LOD determination was initiated 
to evaluate the applicant’s right shoulder injury for service 
connection. The investigating officer recommended the 
applicant’s condition be found to be in the LOD and the 
appointing authority concurred with the finding of the LOD on 
12 November 2010. 

 

On 4 December 2010, an AF Form 469, Duty Limiting Condition 
Report, was initiated that removed the applicant’s mobility 
restrictions. However, he remained on duty restrictions until 
6 February 2011. 

 

On 11 January 2011, the LOD determination of in the line of duty 
was approved by the AFRC approving authority. 

 


On 24 January 2011, the applicant’s request for medical 
continuation orders for the period 16 September 2010 through 
30 November 2010 was declined because the MEDCON package was 
incomplete. The applicant’s profile was not current; he was not 
on mobility restriction and was not subject to an assignment 
limitation code. In addition, more medical information was 
needed. 

 

On 7 February 2011, the applicant was seen for a follow-up after 
MRI on right shoulder. 

 

On 28 March 2011, the applicant was seen by the orthopedic 
surgery clinic and the report indicates that he was injured 
while lifting weights well over a year ago and then he was 
pulling up a post at a gate and had increasing pain in the 
shoulder. He was subsequently involved in a motor vehicle 
accident. 

 

On 21 June 2011, an AF Form 469 Duty Limiting Condition Report, 
was initiated to restore the applicant’s mobility restrictions 
until 6 February 2012. 

 

On 30 July 2011, the applicant was ordered to active duty for a 
period of 14 days to participate in annual training. 

 

On 7 November 2011, the applicant was ordered to active duty for 
a period of 3 days to participate in annual training. 

 

On 15 November 2011, the applicant had surgery to repair the 
injury to his right shoulder. 

 

On 6 February 2012, the applicant was ordered to active duty for 
a period of 5 days to participate in annual training. 

 

On 12 February 2012, the applicant was ordered to active duty 
for the period 12 February 2012 through 13 March 2012 for the 
purpose of MEDCON to recover from surgery and physical therapy. 

 

On 29 June 2012, an AF Form 422, Notification of Air Force 
Member’s Qualification Status, indicate the applicant is exempt 
from physical fitness training. His profile and recommendation 
will be renewed until his condition has resolved adequately or 
it is determined that a medical evaluation board is required. 
The expiration of his profile will be 25 March 2013. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFMOA/SGHI recommends denial, indicating the applicant’s initial 
request for medical continuation orders were not submitted until 
27 October 2010, which was after his date of separation from 
active duty. In addition, a Line of Duty (LOD) determination 
was not initiated until 6 November 2010. Nevertheless, since 


the applicant’s active duty orders ended, a LOD was required. 
There is no evidence a request was made for MEDCON orders prior 
to the termination of the applicant’s active duty orders, as 
such, his request should not be granted. However, if a 
favorable decision is made, the effective date should be 15 
November 2011 through 12 February 2012, which indicates the date 
of the applicant’s surgery until the ending date of his request 
for relief. 

 

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 evaluation was forwarded to the 
applicant on 19 February 2013 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. The applicant contends he should not have been 
released from active duty, but continued on active duty for the 
purpose of medical continuation (MEDCON) until he was able to 
fully return to duty. While it appears as though the applicant 
did incur or aggravate an injury in the line of duty (LOD) 
during his active duty tour, we are not convinced by the 
evidence presented that said injury rendered him unfit during 
the requested period and, thus, should have formed the basis for 
his continuation on active duty for the period requested in its 
entirety. In this respect, we note that his shoulder complaints 
appear to have waxed and waned in severity at a given time, 
dependent upon his activities. In our view, this apparent non-
sustained level of severity of the applicant’s symptoms, may 
have contributed to the reason he was not placed and maintained 
on uninterrupted active duty orders. Additionally, we note the 
applicant has not presented evidence that his injury precluded 
him from performing his military duties or from participating in 
unit training assemblies or annual training during the requested 
period. Nevertheless, we also note the applicant eventually 
underwent surgical repair of his shoulder injury on 15 November 
2011 and, in view of the fact that he was subsequently placed in 
a MEDCON status for the period from 12 February 2012 through 


13 March 2012 to recuperate from said procedure, we find it 
reasonable to believe that he was unfit for duty as early as the 
day of his surgery and should have been provided MEDCON orders 
from that day forward. Although the applicant requests that he 
be placed on MEDCON orders through 12 February 2012, we find 
that 11 February 2012 is the more appropriate termination date, 
since his records already reflect he was in a MEDCON status on 
12 February 2012. Therefore, we recommend the applicant’s 
records be corrected to the extent 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 on 
15 November 2011, he was ordered to active duty (voluntary) for 
the period 15 November 2011 through 11 February 2012, under the 
provisions of Section 12301(h) of Title 10, United States Code, 
for the purpose of medical continuation. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-03136 in Executive Session on 14 May 2013, under 
the provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 18 July 2012, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFMOA/SGHI, dated 14 February 2013. 

 Exhibit D. Letter, SAF/MRBR, dated 19 February 2013. 

 

 

 

 

 

 Panel Chair