RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05778
		
		COUNSEL:  

		HEARING DESIRED:  YES



APPLICANT REQUESTS THAT:

Her military records be corrected to show that she was not released from active duty on 1 Sep 11, but was instead was continued on active duty for the purposes of medical continuation (MEDCON) until her disability retirement on 29 Aug 13, the date of final disposition of her Integrated Disability Evaluation System (IDES) case.



APPLICANT CONTENDS THAT:

She was terminated improperly from active duty orders without a valid basis.  Under applicable statutes, Department of Defense and Air Force regulations, she should have been retained on active duty until the final disposition of her disability case on 29 Aug 13.  During such time she was without due compensation or access to healthcare for her disabilities.  Additionally, due to the delay of the processing of her case through the Integrated Disability Evaluation System (IDES), she was denied Department of Veteran’s Affairs (DVA) benefits for an extended period of time.

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



STATEMENT OF FACTS:

The applicant served in the Air Force Reserve during the matter under review.

On 1 Jun 09, the applicant was ordered to active duty for a period of 122 days.  Her orders were extended for an additional 197 days, with a projected release date of 15 Apr 10.

On 27 Jan 10, according to the documents provided by the applicant, she was placed on medical profile for a right hip injury.  

On 8 Mar 10, according to the documents provided by the applicant, she received a Line of Duty (LOD) Determination for a diagnosis of a right hip labral tear.

On 16 Apr 10, according to the documents provided by the applicant, she was placed on MEDCON orders.

On 19 May 10, according to the documents provided by the applicant, she underwent right hip surgery.

On 30 Dec 10, according to the documents provided by the applicant, an Air Force Form 469, Duty Limiting Condition Report, was issued indicating the applicant required a Medical Evaluation Board (MEB). 

On 1 Sep 11, the applicant was released from active duty.

On 4 Dec 12, according to the documents provided by the applicant, the MEB determined the applicant’s lumbar disc herniation with radiculopathy, chronic back pain, and an ace tabular labrum tear was potentially unfitting and referred her case to the Informal Physical Evaluation Board (IPEB).

On 28 May 13, according to the documents provided by the applicant, the IPEB determined that her back and right hip disabilities were unfitting, with a compensable rating of 30 percent and recommended she be permanently retired.  The Air Force approved these findings on 13 Aug 13.  On 28 Aug 13, the applicant was relieved from her assignment and permanently disability retired, effective 29 Aug 13. 

In accordance with DoDI 1241.2, Reserve Component Incapacitation System Management, para. 6.6.3.2, A Reserve component member on active duty under a call or order to active duty specifying a period of 31 days or more, who incurs or aggravates an injury, illness, or disease in the line of duty shall, with the member's consent, be continued on active duty upon the expiration of call or order to active duty until the member is determined fit for duty or the member is Separated or retired as a result of a Disability Evaluation System determination.

In accordance with AFI 36-3212, Physical Evaluation for Retention, Retirement, and Separation, para., 8.6.2., Reserve Component members who incur or aggravate an injury, illness or disease in the LOD while on orders for more than 30 days are not involuntarily released from those orders until final disposition of their disability case. These members' entitlement to full pay and allowances and benefits continue to the same extent provided by law or regulation to regular component members. 


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 granting the requested relief indicating sufficient evidence has been presented to demonstrate the existence of error or injustice.  Based on the evidence presented by the applicant, as well as the information contained within the Command Man-day Allocation System (CMAS), it is clear that the applicant was injured in the LOD while serving in a Title 10 status, required medical treatment, and was not able to perform military duties at the time she was removed from orders.  According to SAF/MR Enhanced MEDCON Guidelines, 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 determination and a finding by a credentialed military health provider that the Airman has an unresolved health condition requiring treatment and renders the Airman unable to meet retention or mobility standards in accordance with AFI 48-123, Medical Examinations and Standards, Chapters 5 and 13.  The applicant should have remained on Medical Continuation orders until her retirement date of 29 Aug 13.  

A complete copy of the AFPC/DPFA evaluation is at Exhibit C. 



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 May 14, the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  In response, the applicant and her attorney requested her case be forwarded to the board immediately.



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 in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that corrective action is warranted.  The evidence of record makes it clear the applicant’s conditions were incurred in the line of duty (LOD) and, because these ailments were unfitting, she should have been retained on active duty for the purpose of medical continuation until her conditions were materially resolved or until the conclusion of her processing through the disability evaluation system (DES) in accordance with the noted SAF/MR enhanced policy for medical continuation.  Therefore, in view of the fact the Informal Physical Evaluation Board (IPEB) determined that her conditions rendered her unfit for continued duty and recommended she be permanently retired, we believe it appropriate to recommend her records be corrected to reflect that she was retained on active duty for the purpose of medical continuation until 28 Aug 13, when she was released from active duty and permanently retired for physical disability on 29 Aug 13.

4.  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 issues 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 she was not released from active duty on 1 Sep 11, but was instead continued on active duty for the purposes of medical continuation until 28 Aug 13, when she was released from active duty and permanently retired for physical disability on 29 Aug 13.



The following members of the Board considered AFBCMR Docket Number BC-2013-05778 in Executive Session on 31 Jul 14, under the provisions of AFI 36-2603:

	


The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05778 was considered:

	Exhibit A.  DD Form 149, dated 9 Oct 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPFA, dated 1 Apr 14.
	Exhibit D.  Letter, SAF/MRBR, dated 20 May 14.
	Exhibit E.  Rebuttal, Applicant, dated 10 Jun 14.
						

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