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AF | BCMR | CY2012 | BC-2012-03645
Original file (BC-2012-03645.txt) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-03645
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

THE APPLICANT REQUESTS THAT:

He receive pay and points for the period 14 January 2012 through 
6 August 2012.  

________________________________________________________________

THE APPLICANT CONTENDS THAT:

He was injured while deployed and unable to return to his 
military and civilian employment.  He should have remained on 
active duty orders until he could be returned to duty or 
processed through the Disability Evaluation System (DES).  He is 
currently undergoing a Medical Evaluation Board (MEB).  He has 
previously applied for medical continuation (MEDCON) and 
incapacitation pay; however, his previous requests have been 
denied.

In support of his request, the applicant submits copies of AF 
IMT 1971, Certification for Incapacitation Pay; AFRC IMT 348, 
Informal Line of Duty Determination; DD Form 214, Certificate of 
Release or Discharge from Active Duty.

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

________________________________________________________________

STATEMENT OF FACTS:

Prior to the period under review, the applicant experienced 
medial meniscus of the right knee (dislocation of the knee); 
also, it was later determined that he had bilateral knee pain.  
The applicant completed a continuous tour of active duty from 
28 August 2010 through 13 January 2012.  

________________________________________________________________

THE AIR FORCE EVALUATION:

AFMOA/SGHI recommends denial.  SGHI states that the applicant 
was not eligible for MEDCON based on the evidence provided.  He 
was not on MEDCON orders due to the basic eligibility 
requirements; not receiving active care for his condition, and 
was not in the Integrated DES.  Based on the information 
provided, the applicant was not eligible for Medical 
continuation as he has not provided any medical documentation to 
show that he received treatment of consultation,

The Command Manday Allocation System (CMAS) reflects the 
applicant has been approved for Military Personnel Appropriation 
(MPA) (active duty orders) from 22 August 2012 (sic) to 
18 January 2012 and 20 September 2012 to 6 May 2013.  

The complete SGHI evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

In accordance with AFI 36-2910, when an Air Force Reserve member 
is injured while on active duty orders, the member is to remain 
on orders until a determination of their status is made.  After 
months of going through all the required process, as well as 
applying for incapaciation pay, SG investigated the situation.  
Upon completion of the investigation, he was placed back on 
orders as of 20 September 2012 and was advised that he was sent 
home by mistake.  According to his understanding of the 
regulations, this should have never happened and he questions 
why his orders were terminated in January and then he was put 
back on orders in September 2012.  

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.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  After a 
thorough review of the evidence of record and careful 
consideration of the applicant's contentions, we are not 
persuaded that he has been the victim of an error or injustice.  
We note that the applicant questions why his orders were 
terminated in January and reinstated in September 2012.  However, 
as pointed out by SGHI, the applicant was not receiving active 
care for the condition and was not in the Integrated DES and has 
not provided any medical documentation to show that he received 
treatment or consultation to qualify for medical continuation 
orders.  Therefore, we agree with the opinion and recommendation 
of the Air Force office of primary responsibility and adopt its 
rationale as basis for our conclusion that the applicant has not 
been the victim of an error or injustice.  Absent persuasive 
evidence that he was denied rights to which he was entitled, 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-2012-03645 in Executive Session on 16 Jul 13, under 
the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Aug 12, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFMOA/SGHI, dated 7 Mar 13.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Mar 13.
    Exhibit E.  Letter, Applicant, dated 1 Apr 13, w/atchs.




                                   Panel Chair







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