RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01998

			COUNSEL:  NONE

			HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He be continued on Medical Continuation (MEDCON) orders from 
1 September 2011 through 29 February 2012.  

________________________________________________________________

APPLICANT CONTENDS THAT:

He has been under continuous medical care since a botched 
surgery was performed on him in February 2009 at Wilford Hall 
Medical Center.  In April 2011, a medical evaluation board (MEB) 
was initiated and on 1 September 2011, the Air Force Medical 
Operations Agency (AFMOA) terminated his MEDCON orders.  The 
orders were not reinstated until 1 March 2012, even though he 
was under continuous medical care and awaiting the decision of 
the MEB during that entire period.  

In support of his request, the applicant submits copies of 
medical documents and a letter from his attending physician.  

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

________________________________________________________________

STATEMENT OF FACTS:

According to documents extracted from the Air Force Automated 
Records Management System (ARMS), and submitted by the 
applicant, he is a former member of the Air Force Reserve who 
enlisted on 22 August 1995 and was released from his current 
unit of assignment on 27 June 2013, and placed on the Temporary 
Disability Retired List (TDRL) effective 27 June 2013.  

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPFA recommends denial.  DPFA states the documentation 
provided indicates the applicant received treatment for non-line 
of duty (LOD) conditions during the period in question.  A LOD 
for one of these conditions was initiated on 16 Aug 2011, and 
signed by the Commander on 18 Aug 2011.  Because the applicant 
was still on orders at that time, an interim LOD was acceptable 
and satisfied the requirement for MEDCON eligibility.  However, 
documentation in CMAS suggests the LOD was not forwarded prior 
to the expiration of the applicant’s orders.  Once the orders 
ended, the LOD was required to be completed through HQ AFRC for 
determination.  This was completed on 30 Nov 2011.  There is no 
evidence to suggest this LOD was in CMAS prior to 
28 February 2012.  Additionally, the applicant was not in the 
disability evaluation system (DES) process at the time his 
orders expired.  

The complete AFPC/DPFA evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

1.  In further support of his appeal, the applicant states that 
the information AFMOA gave to AFPC/DPFA is incorrect.  He has 
been under continuous medical treatment for abdominal pain ever 
since he was diagnosed with the condition in late 2009, and he 
continues to receive treatment for this condition under the care 
of his doctor at the Pain Clinic in Fort Sam Houston. 
Additionally, in September 2011, he was referred to the 
Psychology Clinic at Wilford Hall Medical Center for treatment 
of his PTSD and has continued that treatment to date.  His 
medical records clearly show that he has been receiving 
continuous medical care for both of these conditions.  

2.  As background, he was initially briefed by his 1st PEBLO on 
14 Apr 2011.  The 1st PEBLO made a request to his unit for an LOD 
for his PTSD.  That request caused a prolonged and unnecessary 
delay of the disability evaluation system (DES) process because 
his PTSD condition was incurred while he was on active duty 
status in the Army, and unbeknownst to him and the 1st PEBLO an 
administrative LOD from the Air Force Reserve Command was 
already on file.  AFMOA overlooked this information as well and 
proceeded to cancel his MEDCON orders.  Since this entire 
process began, he has received the wrong information or has been 
misguided by the personnel assigned to handle the DES process.  
He is a C-5 Crew Chief and possesses extensive knowledge when it 
comes to his job but when it came to the DES process, he had no 
previous knowledge or training on how to proceed.  This learning 
process has taken a tremendous toll on him and his family.  He 
has had to endure financial and emotional hardship because the 
personnel assigned to his case have continuously made mistakes 
or withheld information.  

3.  In June 2012, his newly assigned 2nd PEBLO determined that he 
did not need to wait any longer for the LOD pertaining to his 
PTSD, which the 1st PEBLO had erroneously requested.  The 2nd  
PEBLO got everything squared away and the DES process moved 
along without a hitch. On 27 June 2013, he was placed on the 
Temporary Disability Retired List (TDRL) and the VA awarded him 
a disability rating of 90%.  However, he and his family are 
under severe financial hardship now that he is in TDRL status 
and unable to work.   

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.  Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  After 
considering the totality of the evidence before us, and noting 
the recommendation from AFPC/DPFA to deny relief, we are 
persuaded that relief is warranted in this case.  In this 
regard, we note that in accordance with DoDI 1241.2, Reserve 
members on orders for more than 30 days who incur a condition in 
the line of duty that renders them unfit for military duty will 
be retained on active duty orders until they are either found 
fit for duty or separated through the disability evaluation 
system (DES).  In view of this and since the applicant was on 
such orders at the time of his diagnoses of Post-Traumatic 
Stress Disorder (PTSD), which was determined to be in the line 
of duty (ILOD), he should have been retained on active duty 
until the final disposition of his medical evaluation board 
(MEB) processing occurred.  Therefore, we recommend the 
applicant’s record be corrected as indicated below.  

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show that he was not 
released from active duty on 1 September 2011, but was continued 
on active duty until 29 February 2012.  

The following members of the Board considered this application 
in Executive Session on 6 February 2014, under the provisions of 
AFI 36-2603:

			, Chair
   			, Member
			, Member

The following documentary evidence was considered in AFBCMR 
Docket Number BC-2013-01998:

    Exhibit A.  DD Form 149, dated 17 April 2013, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPFA, dated 6 June 2013.
    Exhibit D.  Letter, SAF/MRBR, dated 5 August 2013.
    Exhibit E.  Letter, Applicant, dated 28 August 2013, 
w/atchs.




                                   
                                   Chair