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AF | BCMR | CY2013 | BC 2013 02159
Original file (BC 2013 02159.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02159
		
			COUNSEL:  NONE
		
			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He be placed on Medical Continuation (MEDCON) Orders from 
6 November 2012 through 21 March 2013. 

________________________________________________________________

APPLICANT CONTENDS THAT:

On 6 September 2012, while performing his fitness assessment, he 
collapsed from sudden cardiac arrest.  His unit immediately 
began a Line of Duty (LOD) determination.  He was put on MEDCON 
orders from 7 September through 5 November 2012; however, he was 
not cleared for military duty until 21 March 2013.  He now has a 
Cardio Defibrillator implanted in his chest and is no longer 
deployable without a waiver for the implant.  He was also placed 
on a code 3 waiver, which has to be reviewed yearly.  The way he 
understands DoDI 1241.2, Reserve Component Incapacitation System 
Management, his MEDCON orders should have been extended until he 
was found fit for duty on 21 March 2013.

In support of the appeal, the applicant provides excerpts from 
regulations, AF Form 422, Notification of Air Force Member’s 
Qualification Status, medical records and other supporting 
documentation. 

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant is a member of the Air National Guard (ANG) 
serving in the grade of master sergeant.  

The remaining relevant facts are outlined in the letter prepared 
by the Air Force office of responsibility, which is included at 
Exhibit B.

________________________________________________________________


AIR FORCE EVALUATION:

NGB/A1PS recommends denial.  In accordance with the Medical 
Continuation Policy dated 15 August 2012, MEDCON is extended to 
members of the Reserve component who are unable to perform 
military duties due to an injury, illness or disease incurred or 
aggravated in the line of duty.  To be eligible for MEDCON, a 
member is unable to perform military duties as stated on the 
AF Form 469, Duty Limiting Condition Report, and have an LOD as 
determined by a credentialed military health provider as stated 
on the AF Form 348, Line of Duty Determination.

The applicant was in drill status on 6 September 2012 when the 
cardiac arrest occurred.  He was transferred by ambulance to a 
hospital.  He had an internal defibrillator implanted into his 
left shoulder pocket as a precautionary measure.  He received 
MEDCON orders from 7 September 2012 through 5 November 2012.  He 
was released from the hospital and returned to work on 
18 October 2012.  

On the drill weekend of 22 October 2012, his medical 
documentation was reviewed by a military doctor.  The only 
AF Form 469 submitted was dated 14 September 2012 through 
14 September 2013.  When the applicant was returned to work by 
his civilian doctor with no restrictions and reviewed by the 
military doctor, a follow-up AF Form 469 should have been 
accomplished:  it was not.  No further treatment was required 
with the exception of follow-up appointments with his civilian 
provider.  Because he was cleared to return to work, he was not 
eligible for MEDCON orders.

It would not be appropriate to place the applicant on MEDCON 
orders from 6 November 2012 through 21 March 2013 because he was 
able to perform military duties as stated on the doctors slip 
from his civilian provider.  Additionally, a military doctor 
reviewed his records and documented on the SF Form 600 “he feels 
good, is progressing well.”  The only profile was no heavy 
lifting.

The complete NGB/A1PS evaluation, with attachments, is at 
Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterates his contentions and states that the 
MEDCON policy used during his assessment does not supersede the 
DoDI.  At the bottom of his AF Form 469, it states “member is 
undergoing a Medical Evaluation Board to determine fitness for 
continued worldwide duty and retention.”  He was found fit for 
duty on 21 March 2013 and was granted a waiver.  His civilian 
doctor cannot find him fit for duty or grant him a military 
waiver, only the military can make this determination.

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

________________________________________________________________

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 that warrants 
corrective action.  After thoroughly reviewing the evidence of 
record and the applicant’s complete submission, we are not 
persuaded that a change in the record is warranted.  While we 
note an AF Form 469 should have been completed by the military 
medical provider, the absence of the form does not negate that 
the applicant’s records were reviewed by a military medical 
provider and it was noted that he was progressing well and able 
to perform his military duties.  As such, we find the evidence 
submitted insufficient to override the rationale provided by 
NGB/A1PS.  In the absence of persuasive evidence to the 
contrary, 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-2013-02159 in Executive Session on 16 January 2014, 
under the provisions of AFI 36-2603:


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-02159 was considered:

      Exhibit A.  DD Form 149, dated 1 May 13, w/atchs.
      Exhibit B.  Letter, NGB/A1PS, dated 8 Jul 13, w/atchs.
      Exhibit C.  Letter, SAF/MRBR, dated 5 Aug 13.
      Exhibit D.  Letter, Applicant’s Response, undated, w/atchs.

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