RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03396 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 ________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to show that he was not released from 
active duty on 7 October 2011, but instead continued on active 
duty for medical continuation (MEDCON) until 20 November 2011. 

 

 ________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

While on an active duty deployment to Afghanistan, he sustained 
an injury to his left leg. Improper procedures were used in 
processing his line of duty (LOD) determination which resulted 
in him being released from active duty when he should have been 
retained for MEDCON. 

 

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

 

 _________________ ______________________________________________ 

 

STATEMENT OF FACTS: 

 

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

 

On 10 January 2011, the applicant was ordered to active duty 
under Title 10, United States Code, Section 12302 (partial 
mobilization) in support of Operation ENDURING FREEDOM for the 
period 10 January 2011 through 2 October 2011. His orders were 
subsequently amended with a new expiration date of 7 October 
2011. 

 

On 22 September 2011, a LOD determination was initiated to 
determine if the injury he incurred while deployed to 
Afghanistan was incurred in the LOD. 

 

Title 10, United States Code, Section 12301 (h) 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 29 September 2011, the applicant requested approval for 
MEDCON orders. 

 

On 7 October 2011, the applicant was released from active duty 
at the completion of his required active service. 

 

On 15 October 2011, an AF Form 469, Duty Limiting Condition 
Report, was initiated that restricted the applicant’s duty and 
mobility from 26 October 2011 through 8 December 2011, with a 
final expiration date of 13 January 2012. His profile 
expiration date was later changed to 5 February 2012. On the 
same day, the applicant’s original 29 September 2011 MEDON 
request was submitted by unit personnel to higher headquarters. 

 

On 26 October 2011, the applicant underwent surgery. 

 

On 7 November 2011, the applicant’s request for MEDCON orders 
was denied. Since the applicant’s orders expired on 7 October 
2011 and a request for MEDCON orders was not made until 
15 October 2011, there was a break in service. It was 
determined a LOD must be finalized before becoming eligible for 
MEDCON orders. 

 

On 21 November 2011, the applicant was ordered to active duty 
for MEDCON for the period 21 November 2011 through 23 December 
2011. His orders were subsequently amended with a new 
expiration date of 25 January 2012. 

 

On 12 June 2012, the applicant’s LOD was determined to have 
existed prior to service (EPTS), but was aggravated by his 
military service. 

 

 ________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFMOA/SGHI recommends denial, indicating that since the 
applicant had a break in service, he was ineligible for 
retroactive MEDCON orders. In accordance with SAF/MR MEDCON 
guidance memorandum, a LOD determination is required when there 
is a break in service prior to authorization for MEDCON orders. 

 

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

 

 ________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The AFMOA/SGHI recommendation is in error and unjust because he 
submitted all required documentation necessary for his surgery 
and recovery prior to the expiration of his active duty orders. 


The applicant reiterated his contention that administrative 
issues outside of his control precluded MEDCON orders from being 
processed prior to his release from active duty. 

 

A complete copy of the applicant’s 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. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. The 
applicant contends he should not have been released from active 
duty on 7 October 2011, but continued on active duty for medical 
continuation (MEDCON). After a thorough review of the evidence 
of record and the applicant’s complete submission, we agree. 
While we note the comments by AFMOA/SGHI indicating the policy 
in effect does not authorize retroactive MEDCON orders when 
there is a break in service, we believe a preponderance of the 
evidence indicates the applicant should not have been released 
from active duty. In this respect, we note the applicant has 
provided documentation to support that a line of duty (LOD) 
determination was initiated prior to his release from active 
duty; however, for some unknown reason and through no fault of 
his own, his LOD was not finalized prior to the termination of 
his active duty orders. Therefore, we find it reasonable to 
conclude that since the applicant’s LOD injury required surgery 
within two months of his release from active duty that said 
injury rendered him unfit at the time of his release and, thus, 
should have formed the basis of his retention on MEDCON orders 
until he had recuperated from his surgery. Therefore, in view 
of the above, we recommend his 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 on 
7 October 2011, he was not released from active duty, but on 
that date he continued to serve on active duty through 
20 November 2011 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-2012-03396 in Executive Session on 11 April 2013, 
under the provisions of AFI 36-2603: 

 

 Chair 

 Member 

 Member 

 

All members voted to correct the records as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 3 January 2012, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFMOA/SGHI, dated 8 November 2012. 

 Exhibit D. Letter, SAF/MRBR, dated 26 November 2012. 

 Exhibit E. Letter, Applicant, dated 21 December 2012. 

 

 

 

 

 

 Chair