RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05621
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He receive active duty orders for the period 13 20 Nov 13.
APPLICANT CONTENDS THAT:
A Line of Duty Determination (LOD) is required to be authorized
Medical Continuation (MEDCON) orders.
His first LOD was informal; the second LOD was initiated to
validate continuation on active duty; the LOD, prognosis and a
plan of care must be submitted every 45 days; however, there was
some confusion with the process, so his request for MEDCON was not
submitted until his active duty orders had ended.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
According to DD Form 214, Certificate of Release or Discharge from
Active Duty, issued on 27 Feb 12, on 7 Oct 11, the applicant was
recalled to Extended Active Duty (EAD) in support of Operation
ENDURING FREEDOM. The applicant served in the Area of
Responsibility (AOR), Afghanistan from 13 Oct 22 Dec 11.
According to Special Order, ACD-02373, dated 16 Jun 14, on 28 Sep
14, the applicants name was placed on the Temporary Disability
Retired List (TDRL), with a compensable disability rating of
70 percent. He was credited with 8 years and 2 days of active
duty and 26 years, 4 months, and 12 days of service for basic pay.
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
LOD and a finding by a credentialed military health care provider
that the airman has a unresolved health condition requiring
treatment and renders the airman unable to meet retention or
mobility standards In Accordance With (IAW) AFI 48-123, Medical
Examinations and Standards, chapters 5 and 13.
DPFA notes that entry into the MEDCON Program is voluntary and
prior to being placed on MEDCON orders servicemembers (SM) must
sign an acknowledgement form stating they are aware of their
responsibilities and outlines the goals of the MEDCON staff:
1. To ensure Air Reserve Component (ARC) members receive
medical care and treatment entitlements.
2. Provide appropriate Military Personnel Appropriation
(MPA) Man-day Program MEDCON support through Command Manday
Allocation System (CMAS) by thorough validation of the medical
facts and supporting medical documentation.
ARC members are partners in this process and play a necessary and
important role in assuring the information related to their
individual case is continually communicated to the Commander and
Medical Point of Contact (POC). The applicant did not provide any
evidence such as an LOD or qualifying orders, nor treatment plan
to determine whether he would be eligible for MEDCON. CMAS does
not show any indication the applicant has ever submitted a request
for MEDCON orders.
The complete DPFA evaluation is at Exhibit C.
NGB/SGPA recommends denial, noting a request for MEDCON orders
requires medical documentation to support and validate a request.
The request for MEDCON was submitted after the applicant orders
had ended. Had the request been made prior to the end of orders,
the applicant would have been eligible. In addition, this case
has been reviewed and denied by DPFA (Air Reserve Component
Medical Case Division (ARC-CMD)).
The complete SGPA evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 23 Jan 15 for review and comment within 30 days
(Exhibit E). As of this date, no response has been received by
this office.
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 and while we note the applicant contends there
was some confusion in the processing of his request, he has not
provided any evidence to substantiate his claim. Therefore, we
agree with the opinion and recommendation of the Air Force Offices
of Primary Responsibility (OPRs) and adopt their rationale as the
basis for our conclusion the applicant has not been the victim of
an error of injustice. We note that NGB/SGPA indicates had the
applicants request been submitted in time he would have been
eligible for MEDCON; hence, should the applicant provide
additional evidence to support his appeal, we may be willing to
reconsider his request. In view of the above and 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-2013-05621 in Executive Session on 26 Feb 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Dec 13, w/atchs.
Exhibit B. Pertinent Excerpts from Personnel Records.
Exhibit C. Letter, AFPC/DPFA, dated 18 Feb 14.
Exhibit D. Letter, NGB/A1PS, dated 10 Apr 14.
Exhibit E. Letter, SAF/MRBR, dated 23 Jan 15.
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