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 Members
Qualification Status, medical records and other supporting
documentation.
The applicants 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 applicants 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 applicants 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 applicants 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, Applicants Response, undated, w/atchs.
AF | BCMR | CY2013 | BC 2012 05118
The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are at Exhibits C and D. _________________________________________________________________ AIR FORCE EVALUATION: AFRC/SG recommends denial, indicating there is no evidence of a connection between the applicants implanted ICD and any period of duty. The Automated Line of Duty (ALOD) system does not indicate a LOD was ever initiated; however,...
AF | BCMR | CY2013 | BC 2013 03094
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03094 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He receive retirement points for the period 27 Sep 10 through 1 Apr 12 rather than Incapacitation Pay (INCAP Pay). In support of his appeal, the applicant provides a personal statement; active duty orders for the period, 2 Jun 26 Sep...
AF | BCMR | CY2014 | BC 2014 01410
Upon returning from his AD deployment in 2012 he was denied Medical Continuation (MEDCON) orders and pay by his medical group, and he should have been considered for a Medical Evaluation Board (MEB). On 12 Dec 12, the Connecticut IG rendered a determination that the applicants contested injury was incurred while serving on AD, and, as he was found fit for duty, no MEDCON orders were warranted. A complete copy of the NGB/A1PS evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE...
AF | BCMR | CY2013 | BC-2013-00805
However, the MEDCON orders were not completed. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate offices of the Air Force at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: NGB/SGPF recommends denial. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the...
AF | BCMR | CY2013 | BC 2013 02068
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02068 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He acquire retirement points during the Incapacitation Pay (INCAP Pay) period of 20 Oct 12 20 Apr 13. He was temporarily placed on INCAP Pay while waiting for his Line of Duty (LOD) paperwork to be completed and was supposed to have been placed...
AF | BCMR | CY2012 | BC-2012-02900
The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility which are included at Exhibits C, D, and E. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PP recommends denial of the applicants request for promotion to Master Sergeant, indicating there is no evidence of an error or injustice. ANGI 36-2502, Promotion of Airman, states Prior to promotion to any...
AF | BCMR | CY2012 | BC 2012 02683 1
________________________________________________________________ APPLICANT CONTENDS THAT: He should not have been discharged from active duty with unresolved medical issues and a Line of Duty (LOD) determination should have been initiated prior to his release from active duty. Although the applicant stated he received treatment for his medical conditions while he was on active orders, he has only provided subjective evidence following his release from active duty. If the applicant was...
AF | BCMR | CY2011 | BC-2011-00593
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00593 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His medical condition (Essential Tremor) be found to be in the Line of Duty (INLOD) and/or service-connected. The applicants unit conducted a World Wide Duty Evaluation (WWDE) and he was disqualified from WWD, due to the implant of...
AF | BCMR | CY2012 | BC-2012-03136
On 12 February 2012, the applicant was ordered to active duty for the period 12 February 2012 through 13 March 2012 for the purpose of MEDCON to recover from surgery and physical therapy. His profile and recommendation will be renewed until his condition has resolved adequately or it is determined that a medical evaluation board is required. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the...
AF | BCMR | CY2011 | BC-2011-04977
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04977 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her records be corrected to reflect she was not released from active duty on 2 Sep 11, but was instead retained on active duty for medical continuation (MEDCON) until 16 Nov 11. Severalattempts were made to secure MEDCON orders with no responses...