RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03271
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was on Medical
Continuation (MEDCON) orders from 1 Dec 2011 through 30 Aug
2012 and that he receive full pay, benefits and service credit
for this period.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was injured in the Line of Duty (LOD) while deployed to Iraq
on Title 10 orders. He was placed on MEDCON orders from 30 Mar
2011 to 1 Dec 2011 to receive treatment. He was again placed on
MEDCON orders from 30 Aug 2012 to 26 Feb 2013. MEDCON orders
should have continued until the final disposition of his case.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty; AF Form 356, Findings and Recommended Disposition of USAF
Physical Evaluation Board; AF IMTs 348, Line of Duty
Determination; Special Orders and various other items related to
his request.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Special Order ACD-01055 issued on 17 Jan 2013, directed the
applicant be relieved from active duty effective 26 Feb 2013 and
permanently retired with a disability rating of 50 percent.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFA recommends denial. DPFA states that the applicant
failed to comply with all directives pertaining to the MEDCON
program. He provided a copy of his LOD paperwork; however, the
AF Form 469, Duty Limiting Condition Report, the applicant
provided is a working copy - not a signed official copy.
The complete DPFA evaluation is at Exhibit C.
The BCMR Medical Consultant recommends approval. The Medical
Consultant located an official copy of the AF Form 469 with the
same date as the working copy, but signed by three medical
officials, thus, validating the credibility of the document;
particularly when taken in the collective context of continued
symptoms experienced prior to this date. Nevertheless, the
three-month gap in medical documentation between 29 Dec 2011 and
30 Apr 2012 is not explained in the case file; although symptoms
were, again, reportedly "persistent and somewhat increasing" by
30 Apr 2012. It is likely that the applicant's medical
condition had not sufficiently improved or did not achieve a
durable recovery during the period in which his orders were
discontinued and that his reduced functionality occurred along a
continuum, from the time his orders were discontinued through
the time they were restored and he was ultimately retired.
Thus, the Medical Consultant recommends rendering the benefit of
doubt in favor or the applicant by establishment of retroactive
MEDCON orders covering the period 1 Dec 2011 through 30 Aug
2012.
The complete Medical Consultants evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He agrees with the BCMR Medical evaluation. However, he would
like to further strengthen his recommendation. He has all
original documents; however, he did not send the originals per
the instructions on the DD Form 149, Application for Correction
of Military Record. Furthermore, there is no three month gap in
medical documentation from 29 Dec 2011 to 30 Apr 2012. In fact,
he has original medical records that indicate he received
treatment during this period. He asserts that DPFDs statement
that he failed to comply with all directives of the MEDCON
program is simply not true. A congressional investigation was
conducted and there is no evidence that suggests he failed to
comply with any directive. In fact, he was immediately placed
on MEDCON orders and allowed to process through the MEB.
The applicants complete response is at Exhibit F.
________________________________________________________________
?
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 warranting
relief. After carefully reviewing this application, we agree
with the opinion and recommendation of the BCMR Medical
Consultant and adopt the rationale expressed as the basis for
our decision that the applicant has been the victim of either an
error or injustice. Therefore, in the interest of equity and
justice, we recommend the applicants records be corrected to
establish retroactive MEDCON orders covering the period 1 Dec
2011 through 30 Aug 2012. Accordingly, we recommend his records
be corrected as set forth below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating APPLICANT, be corrected to show he was not
released from active duty on 1 Dec 2011, but on that date he was
continued on active duty for the purpose of medical evaluation
through 25 Feb 2013, and on 26 Feb 2013, he was permanently
disability retired.
________________________________________________________________
The following members of the Board considered AFBCMR BC-2013-
03271 in Executive Session on 24 Apr 2014, under the provisions
of AFI 36-2603:
, Chair
, Member
, Member
?
All members voted to correct the record as recommended. The
following documentary evidence was considered in AFBCMR BC-2013-
02371:
Exhibit A. DD Form 149, dated 24 Jun 2013, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPFA, dated 1 Oct 2013.
Exhibit D. Letter, BCMR Medical Consultant, dated 7 Jan
2014.
Exhibit E. Letter, SAF/MRBC, dated 8 Jan 2014.
Exhibit F. E-mail, Applicant, dated 22 Jan 2014.
Chair
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