RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04415

 			COUNSEL:  NONE

			HEARING DESIRED:  YES


APPLICANT REQUESTS THAT:

He be continued on Medical Continuation (MEDCON) orders effective 
21 Mar 11 to the present.  


APPLICANT CONTENDS THAT:

His MEDCON orders were terminated on 21 Mar 11 due to the 
anticipated government shutdown.  He was allowed to work through 
23 Mar 11 as his MEDCON orders were to be extended.  Although he 
incurred an in the Line of Duty (LOD) injury, the orders were 
coded as an annual tour.
 
In Accordance With (IAW) AFRC 36-3004, Incapacitation Pay and 
Management of Reservist Continued on Active Duty Orders, members 
on active duty orders are not involuntarily released if they incur 
an in the LOD injury.
On 2 Sep 09, he had knee surgery and was placed on MEDCON.  On 
21 Oct 10, an in the LOD determination was approved.
On 15 Oct 10, he initiated a LOD determination for his left knee, 
Existed Prior to Service (EPTS)/service aggravated.  The injury 
and surgery to his right knee contributed to the complications 
with his left knee. 
On 22 Mar 11, his request for a LOD determination for his left 
knee was disapproved.  His MEDCON orders should have been extended 
while he was on modified duties.  He was unable to perform his 
duties as a jet mechanic and was under a doctor’s care.  As of 
this date, his case has not been processed and finalized by the 
Disability Evaluation System (DES) IAW AFRCI 36-3004, paragraph 
1.3.  

On 22 Apr 11, he submitted an AF IMT 1971, Certification for 
Incapacitation Pay.  The form was signed by the orthopedic surgeon 
who indicated he was not fit for military duty. 

On 30 Mar 12, he was advised that his request for Incapacitation 
Pay (INCAP Pay) was disapproved because he failed to substantiate 
a compensable loss.
On or about 21 Aug 12, he was advised of the second disapproval of 
his INCAP Pay request and on 3 Sep 12, he submitted an appeal.
On 4 Sep 12, he was placed on annual tour orders and his unit has 
not been successful in reinstating his MEDCON orders.
On 10 Nov 12, he submitted an AF IMT 102, Inspector General (IG) 
Personal and Fraud, Waste & Abuse Complaint Registration, alleging 
the release of his MEDCON orders and the disapproval of his 
application for INCAP Pay were not IAW AFRC 36-3004. 
On 20 Nov 13, he was advised by his unit’s LOD Manager and the IG 
that he would be placed on MEDCON orders effective 20 Nov 13. 
The applicant’s complete submission, with attachments, is at 
Exhibit A.   


STATEMENT OF FACTS:

The applicant is a member of the Air Force Reserve.

According to a DD Form 214, Certificate of Release or Discharge 
from Active Duty, he served on active duty for the period of 
15 Jun to 29 Dec 09.     

According to another DD Form 214, he served on active duty for the 
period of 9 Apr 10 to 23 Mar 11.    

According to the Command Man-day Allocation System (CMAS) print 
out dated 4 May 13, he was on MEDCON from 16 Sep 10 through 11 Mar 
11 for his right knee.  He was also placed on MEDCON orders from 
26 Nov 13 through 7 Mar 14.  


AIR FORCE EVALUATION:

AFPC/DPFA recommends approval of MEDCON with modified eligibility. 
He should be approved for MEDCON/pay and entitlements for the 
period of 3 Dec 12 through 25 Nov 13 for the injury sustained 
based on a qualifying Title 10 order, subsequent LOD determination 
and verified medical proof of injury not-healing correctly on 
3 Dec 12. 

The applicant sustained a right knee injury on 31 Jul 09 and the 
injury was found to be in the LOD and occurred while on Title 
10 active duty orders (confirmed by Medical Case Manager).  The 
active duty orders were in support of the war effort and dated 
15 Jun 09 until 30 Sep 09 as confirmed by CMAS.  CMAS also 
reflects he was placed on MEDCON orders on 16 Sep 10 through 
11 Mar 11 for his in the LOD medical condition.  The second set of 
MEDCON orders started on 26 Nov 13 and expired 7 Mar 14 with the 
applicant undergoing knee replacement.  During the break between 
the two MEDCON orders, the applicant was initially finished with 
treatment with his right knee and started focusing treatment on 
his left knee.  A review of his medical records reflects that he 
underwent an MRI study on 3 Dec 12 that revealed the previous 
attempt to repair his right knee was not healing properly.  This 
is the most readily identifiable point in his medical history 
where he would have met MEDCON eligibility criteria.  

The injury/aggravation to his left knee was not in the LOD.  This 
finding was finalized on 22 Nov 11 by the AFRC/CV.  
 
The complete copy of the DPFA evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 1 Feb 11, he was released to work modified duties.

He was advised by his unit LOD manager that his MEDCON orders 
would be extended and he was authorized to continue to work 
modified duties through 23 Mar 11.

He does not know why CMAS reflects he was medically improved or 
why the notes from medical reflect “documentation does not support 
continuation of orders.”  He remained under his doctor’s care and 
supplied all of the medical documentation that was requested.  The 
release impacted his medical coverage and he was unable to get 
timely medical care. Per AFRCI 36-3004, paragraph 1.3, his MEDCON 
orders should have been extended since his medical condition had 
not been resolved.  Treatment was denied due to unpaid claims and 
his case should have been processed and finalized through the DES 
prior to any adverse action taken towards him.

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


ADDITIONAL AIR FORCE EVALUATION:  

AFPC/DPFA states their original recommendation is still valid and 
recommends the applicant’s request for MEDCON be approved with a 
modified eligibility date from 3 Dec 12 through 25 Nov 13 based on 
the injury sustained on a qualifying Title 10 order, subsequent 
LOD determination, and verified medical proof of injury not 
healing correctly on 3 Dec 12.  

DPFA recommends no further relief be granted to the applicant due 
to the fact that no new evidence was submitted to support further 
MEDCON eligibility.  None of the additional documentation 
submitted changes the facts.  To clarify, all of the documentation 
submitted for medical treatment between 11 Mar 11 and 3 Dec 
12 does not support any further consideration of historical MEDCON 
eligibility under current conditions.  Specifically, the treatment 
documented in his records between 1 Mar 11 and 3 Dec 12 is for the 
left knee and not the right knee.  His left knee condition was 
found as EPTS and a LOD not applicable by two separate AFRC/CVs.  
The first time that his left knee condition was found not in the 
LOD was 22 Nov 11 and the second ruling was administered on 23 Apr 
13.  Due to the fact that his injury was not in the LOD, and there 
was no treatment rendered for an in the LOD condition, the 
applicant is not eligible for any additional MEDCON related 
benefits.

The complete DPFA evaluation is at Exhibit F.  


APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

His unit LOD manager provides a memorandum dated 30 Dec 14 with a 
timeline of his injuries.  From 16 Sep 10 through 11 Mar 11 he was 
on MEDCON for his right knee, he was released from MEDCON due to 
medical documentation only reflecting a treatment plan for his 
left knee. He was placed back on MEDCON for his right knee on 
26 Nov 13 to 16 Apr 14 and is pending an MEB.

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


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 to warrant placing 
the applicant on MEDCON orders from 21 Mar 11 to the present.  The 
medical documentation provided by the applicant is noted; however, 
he has not provided substantial evidence which, in our opinion, 
successfully refutes the assessment of his case by the Air Force 
Office of Primary Responsibility (OPR).   Therefore, we agree with 
the opinions and recommendations of the Air Force OPR and adopt 
its rationale as the basis for our conclusion that the applicant 
has failed to sustain his burden of proof that he has been the 
victim of an error or injustice.  In the absence of evidence to 
the contrary, we find no basis to recommend granting the relief 
sought in this application. 

4.  Notwithstanding the above, sufficient relevant evidence has 
been presented to demonstrate the existence of error or injustice 
to warrant partial relief.  Having carefully reviewed this 
application, we agree with the recommendation of the Air Force OPR 
and adopt the rationale expressed as the basis for our decision 
that the applicant has been the victim of either an error or an 
injustice.  Therefore, we recommend the applicant’s records be 
corrected to show that he was placed on MEDCON from 3 Dec 12 until 
25 Nov 13. Accordingly, we recommend the applicant’s records be 
corrected to the extent indicated below.

5.  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 
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 the APPLICANT be corrected to show that for the period 
3 December 2012 through 25 November 2013, he was placed on active 
duty, for the purposes of medical continuation in accordance with 
Title 10, U.S.C. § 12301(h). 


The following members of the Board considered AFBCMR Docket Number 
BC-2013-04415 in Executive Session on 20 Jan 15 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 8 Sep 13, w/atchs.  
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFA, dated 13 Feb 14.
	Exhibit D.  Letter, SAF/MRBR, dated 18 Apr 14.  
	Exhibit E.  Letter, Applicant, dated 5 May 14, w/atchs.
	Exhibit F.  Memorandum, AFPC/DPFA, dated 3 Oct 14.
	Exhibit G.  Letter, SAF/MRBR, dated 28 Nov 14. 
	Exhibit H.  Memorandum, 452 AMDS, dated 30 Dec 14, w/atchs.