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 applicants 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 applicants 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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