RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05587
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
She be placed on Medical Continuation (MEDCON) Orders from
1 November 2013 through 25 November 2013.
APPLICANT CONTENDS THAT:
She was not granted Medical Continuation Orders because the
decision to verify them was completed after a break in service.
Her unit has submitted a request for Incapacitation Pay on her
behalf beginning 1 November 2013. She has submitted a timeline of
the events for the Boards consideration.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant is a member of the Air National Guard Air serving in
the grade of master sergeant.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility which is included at Exhibit B.
AIR FORCE EVALUATION:
AFPC/DPFA recommends denial. The applicant was originally on
Title 10 MPA orders from 1 August 2013 through 30 September 2013.
While on orders, she suffered abdominal pain, was examined and
subsequently underwent surgery on 12 September 2013. A Line of
Duty (LOD) was started on 29 August 2013 and determined the
condition existed prior to service but was service aggravated.
This effectively found the condition was in the line of duty.
Prior to the end of her original Title 10 orders, she was approved
for a 30-day pre-MEDCON order extension. She was on these orders
from 1 through 30 October 2013. A MEDCON package was completed on
16 October 2013, but was returned without action. The package was
submitted again on 31 October 2013. The package was verified on
6 November 2013 by NGB/SG staff and forwarded to AFPC/DPFA for
approval.
There are three requirements for placement on MEDCON orders. The
first requirement is that the injury or illness renders the
service member unable to perform military duties. Secondly, the
injury or illness must require treatment. The final requirement
is the injury must have occurred while in the line of duty. If
the service member will not experience a break in orders, an
interim line of duty is acceptable to establish LOD eligibility.
Once a member experiences a break in service, the line of duty has
to be finalized to establish LOD eligibility.
The applicants MEDCON request was disapproved by AFPC/DPFA
because her orders ended on 31 October 2013, she suffered a break
in service and her LOD was not finalized in accordance with 15
August 2012 Secretary of the Air Force MEDCON Policy Guidelines.
The applicants package contained two completed and signed
different MEDCON Program Letters of Acknowledgment (LOA). The
first LOA was an older version and the second was the most current
version. Both LOAs required the application be received 7 or 10
business days prior to the end of the orders. A complete and
accurate package was not submitted until 31 October 2013, the last
day of orders and not in compliance with either agreed to LOA.
The complete AFPC/DPFA evaluation is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant feels she should not be punished for an
administrative oversight that was out of her control. She
followed-up on a daily basis to ensure the package was submitted
in a timely manner. The MEDCON package was submitted on
16 October 2013, which was within the 7 to 10 day timeframe.
The applicants complete response, with attachments, is 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 an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case, to include her response to the Air Force
advisory; however, we are not persuaded relief should be granted.
While the applicant is requesting MEDCON orders it appears that
the request was not prepared or met the criteria outlined in
accordance with the MEDCON Policy Guidelines. As such, we agree
and find the evidence submitted insufficient to override the
rationale provided by the Air Force office of primary
responsibility. However, we note the applicant states that her
unit has submitted a request for INCAP pay for the period in
question which appears to be a more appropriate avenue for relief.
Therefore, in the absence of evidence to the contrary, we find no
basis to recommend granting the requested relief.
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-2013-05587 in Executive Session on 7 October 2014, under the
provisions of AFI 36-2603:
Although, Ms. chaired the panel, in view of her retirement, Mr.
has signed as Acting Panel Chair. The following documentary
evidence was considered:
Exhibit A. DD Form 149, dated 12 Dec 13, w/atchs.
Exhibit B. Letter, AFPC/DPFA, dated 13 Feb 14.
Exhibit C. Letter, SAF/MRBR, dated 29 Aug 14.
Exhibit D. Letter, Applicants Rebuttal, dated 25 Sep 14.
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