RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05020
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
As amended, he receive medical continuation orders (MEDCON) for the period 4 Oct 12 through 1 Dec 13.
APPLICANT CONTENDS THAT:
He was unjustly removed from MEDCON orders on 3 Oct 12, while he was still undergoing the MEB process. He continued therapy treatment twice a week and continued to attend his medical appointments with the Department of Veteran Affairs (DVA), but he was forced to use personal accrued technician sick time for patient care of the injuries he suffered while serving in Afghanistan on Title 10 orders.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
On 4 Dec 11, while serving in the Air National Guard (ANG) in Afghanistan on Title 10 orders, the applicant suffered a compressed vertebrae when he slipped and fell. The injury was determined to be in the line of duty (ILOD).
On 26 Apr 12, the applicant underwent spinal surgery at the Naval Medical Center in San Diego, CA for his vertebrae injury.
Effective 6 Jul 12, under Special Order R-9000170, dated 8 Aug 12, the applicant was placed on MEDCON orders through 3 Oct 12.
On 3 Oct 12, the applicants MEDCON orders expired and he was released from active duty and reverted to his traditional (part-time) status as a member of the ANG.
Effective 2 Dec 13, under MEDCON Order Z5WKKC, dated 9 Dec 13, the applicant was placed back on MEDCON orders through completion of the MEB process.
On 29 Aug 14, under Special Orders ACD-02764, dated 16 Jul 14, the applicant was permanently retired for physical disability with a combined compensable disability rating of 30 percent.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is included at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPFA recommends denial, indicating there is no evidence of an error or injustice. An Airman may be eligible for MEDCON orders when an injury, illness, or disease is incurred or aggravated while serving on orders and that condition renders the Airman unable to perform military duties. MEDCON eligibility requires a Line of Duty (LOD) determination and a finding by a credentialed military health care provider that the Airman has an unresolved heath condition requiring treatment and which renders the Airman unable to meet retention or mobility standards. The applicant was issued MEDCON orders on 6 Jul 12. The Air Force MEDCON allocator highlighted the need for a medical treatment plan prior to any MEDCON order extension. The applicant was released from MEDCON orders on 10 Oct 12 for failing to provide a current medical treatment plan. On 6 Mar 13, the applicant, through his Medical POC, submitted a new request for MEDCON, but it was declined due to lack of a medical treatment plan. Ultimately, the applicant submitted a third request for MEDCON orders, and it was approved. The applicant was on MEDCON orders from 2 Dec 13 until his retirement date. Since the applicant failed to provide the proper documentation to substantiate the need for continued medical treatment at the conclusion of his first set of MEDCON orders, his request for MEDCON orders during that period should be denied.
A complete copy of the AFPC/DPFA evaluation, with attachments, is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He submits additional medical documentation concerning his case and emphasizes the fact he could not physically make the medical staff write the required treatment plan. For some reason, he was assigned a Primary Care Manager (PCM) at Naval Air Station Balboa in San Diego, 92 miles away from his Reserve base in March AFB, CA, and describes how the lack of communications between the Navy and his unit contributed to the errors that caused his orders to expire (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 an error or injustice. We took notice of the applicant's complete submission, to include his rebuttal response to the advisory opinion, in judging the merits of the case. While the Board acknowledges the comments of AFPC/DPFA indicating the applicant was released from MEDCON orders for failing to provide a current medical treatment plan in a timely manner, we note it was not the responsibility of the applicant to create his own medical treatment plan and, given the letter from his military orthopedic surgeon directing he remain on active duty for the full recovery period combined with the memorandum from his Recovery Care Coordinator indicating the failure to submit an acceptable treatment plan was an error on the part of the applicants medical group, we believe the preponderance of the evidence substantiates that his inability to provide the treatment plan was through no fault of his own. Therefore, in view of the fact that the applicant remained unfit for his military duties during the period requested, we believe that it is in the interest of justice to provide the requested relief, and recommend the applicants record be corrected as indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was not released from active duty on 3 October 2012, but on that date, he continued to serve on active duty for the purpose of medical continuation (MEDCON) through 28 August 2014, when he was released from active duty and permanently retired for disability, effective 29 August 2014.
The following members of the Board considered AFBCMR Docket Number BC-2013-05020 in Executive Session on 2 Oct 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05020 was considered:
Exhibit A. DD Form 149, dated 20 Sep 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPA, dated 8 Jul 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
Exhibit E. Letter, Applicant, dated 23 Aug 14, w/atchs.
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