RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-00789
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NOT INDICATED

________________________________________________________________

THE APPLICANT REQUESTS THAT:

1.  She be entitled to Medical Continuation (MEDCON) orders from 
14 Sep 12 to 19 Dec 12.  

2.  She be entitled to 7.5 days of accrued leave.

________________________________________________________________

THE APPLICANT CONTENDS THAT:

On 26 Jan 12, she sustained injuries while performing her 
military duties; however, at the time of her release, she did 
not receive any pay.  

In accordance with the governing instructions, she should have 
remained on orders until her medical situation was resolved.

In support of her appeal, the applicant provides copies of AFRC 
IMT 348, Informal Line of Duty Determination (LOD) paperwork; 
AF Form 938, Request and Authorization for Active Duty 
Training/Active Duty Tour, dated 20 Dec 12; medical entries from 
her civilian medical provider, and various other documents.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant served on active duty, from 10 Mar 10 to 15 Sep 
12.  The applicant’s AFRC IMT 348 reflects that on 26 Jan 12, 
she was treated for injuries to her back incurred while 
performing honor guard duties at Dobbins ARB in Georgia.  

On 15 Sep 12, the applicant was released from active duty.  On 
18 Sep 12, the LOD process began and on 5 Dec 12, the Air Force 
Reserve Vice Commander (AFRC/CV), found that the applicant had 
an injury that was In the Line of Duty (ILOD).  

On 20 Dec 12, she was placed on MEDCON orders until 19 Jan 13.

________________________________________________________________

THE AIR FORCE EVALUATION:

AFMOA/SGHI recommends denial.  SGHI notes that since there is no 
additional medical documentation provided to 19 Dec 12 that show 
continuous active treatment/eligibility, they are unable to 
recommend any further MEDCON eligibility.  

According to information provided, it appears the applicant was 
not granted MEDCON orders due to the following information:

The time and date of initial treatment as stated on the AFRC IMT 
348 was 28 Jan 2012 [sic].  This treatment date is within the 
stated orders claim dates and eligible for care on Military 
Personnel Appropriation (MPA) orders.  

On 28 Sept 2012, the Informal LOD was completed by the Wing 
Commander (WG/CC).  This completed LOD was 12 days after member 
was removed from orders. 
      
On 5 Dec 12, the Air Force Reserve Command Commander (AFRC/CC) 
finalized the Line of Duty [sic].  The applicant did not provide 
a treatment plan with either conservative Physical Therapy (PT) 
or invasive surgical intervention for consideration until 28 Dec 
12.  At that time the applicant was rightfully not granted 
MEDCON orders based on not meeting basic eligibility.  

The complete SGHI evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

Based on the current Department of Defense Instruction (DoDI), 
the Air Force Reserve Command Instruction (AFRCI), and the 
Secretary of the Air Force (SAF) policy letter, she should have 
been continued on orders without a break in service, until she 
was returned to duty or processed through the DES.  Between the 
dates of 26 Jan 12 to present, she has been seen and under 
constant care and treatment by both military and civilian 
providers.  

She provides a timeline of the pertinent dates of treatment and 
physician visits and states that the unit should have started 
the LOD, medical continuation and orders process in Feb 12.

The applicant’s complete response, with attachments, is at 
Exhibit E.

________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends amending the applicant’s 
orders for the period 14 Sep 12 – 19 Dec 12.

BCMR Medical Consultant notes that while there appears to be a 
gap in medical care documentation between the date of the 
applicant's follow-up, on 4 Feb 12, and her initial documented 
civilian follow-up care in Jul 12, while still under orders.  
The Medical Consultant finds reasonable evidence the applicant's 
medical condition warranted continuation of orders, as she 
appeared to require continued treatment and failed to achieve a 
durable recovery from her symptoms, through the time of 
expiration of her orders, until a final disposition could be 
determined, e.g., either returned to duty without duty 
limitations or processed through the Disability Evaluation 
System (DES).  It is not known whether the aforementioned 
medical information was timely supplied to the MEDCON decision 
authorities or whether it was considered inadequate proof of a 
duty impairing condition, noting the actual clinical evaluations 
[examinations] describing the applicant's chief complaint and 
the objective physical findings on examination are not supplied. 
In conclusion, the issuance of a Duty Limiting Condition Report 
does not automatically justify active duty orders, as a service 
member may be assigned alternative duties.  However, considering 
the applicant injured herself while on active duty orders, that 
her condition persisted through the termination of those orders, 
and appears to have worsened after termination of those orders, 
the Medical Consultant finds it reasonable to consider amending 
the applicant's orders to cover the period 14 Sep 12 through 
19 Dec 12.  

The Medical Consultant’s complete evaluation is at Exhibit F.  

________________________________________________________________

APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 23 Oct 13 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit G).

________________________________________________________________

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.  In this 
respect, we note the applicant was on active duty orders and 
sustained an injury to her lower back.  While we note the 
comments of the Air Force Medical Operations Agency (AFMOA); 
nonetheless, the applicant’s case has undergone an exhaustive 
review by the Air Force BCMR Medical Consultant and we are in 
agreement with his recommendation that the applicant’s medical 
condition warranted medical continuation orders.  While the 
applicant request orders beginning 14 Sep through 19 Dec 12, 
since she was not released from active duty until 15 Sep 12, we 
recommend her medical continuation orders begin the day 
following her release from active duty (16 Sep 12).  Regarding 
the applicant’s request for 7.5 days of accrued leave, based on 
her corrected record, her leave will accrue in accordance with 
the applicable Department of Defense and Air Force instructions.  
In view of the above, we recommend her record be corrected to 
the extent indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that she was 
placed on active duty from 16 September 2012 to 19 December 
2012, for the purposes of medical continuation in accordance 
with Title 10 U.S.C. Section 12301(h).

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-00789 in Executive Session on 17 Dec 13, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

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

   Exhibit A.  DD Form 149, dated 29 Jan 13, w/atchs. 
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFMOA/SGHI, dated 8 Jul 13.
   Exhibit D.  Letter, SAF/MRBR, dated 5 Aug 13.
   Exhibit E.  Letter, Applicant, dated 5 Sep 13, w/atchs.
   Exhibit F.  Letter, BCMR Medical Consultant, dated 23 Oct 13.
   Exhibit G.  Letter, SAF/MRBC, dated 23 Oct 13.




                                   
                                   Panel Chair





1

4



FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974