RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-01680 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to reflect he was not released from 
active duty on 2 Sep 11, but continued to serve on active duty 
for medical continuation (MEDCON) through 12 Dec 11. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He should have been retained on active duty continuously through 
his first and second surgeries and recovery from the line of 
duty (LOD) injury he incurred while deployed to Iraq. 

 

In support of his request, the applicant provides copies of 
excerpts from his military personnel records and civilian and 
service medical records. 

 

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

 

_________________ ______________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s military personnel records indicate he served as 
a traditional (part-time) member of the Air Force Reserve during 
the matter under review. 

 

On 3 Sep 10, the applicant was ordered to active duty in support 
of Operation NEW DAWN and deployed to Iraq. 

 

On 30 Dec 10, the applicant reported to the deployed medical 
facility complaining of an injury to his left knee. He was 
diagnosed with a potential meniscal injury. He was released 
with duty limitations and directed to follow up for further 
evaluation when he returned to his home station from deployment. 

 

On 26 Jan 11, the applicant departed the NEW DAWN area of 
responsibility to return to his home station. 

 


On 1 Feb 11, an AF Form 422, Duty Limiting Condition Report, was 
issued which imposed duty restrictions on the applicant, with an 
expiration date of 2 Sep 11. According to documentation 
provided by the applicant, he was required to sign various 
letters of acknowledgement wherein he acknowledged his 
responsibilities with respect to his LOD determination and 
request for retention on active duty for MEDCON. 

 

On 5 Mar 11, an LOD determination was initiated to evaluate the 
applicant’s knee injury for service connection and the 
recommended finding of in the LOD was approved on 29 Apr 11. 

 

On 5 Apr 11, according to medical documentation provided by the 
applicant, he underwent an arthroscopic procedure on his left 
knee. The applicant was subsequently seen by his primary care 
provider at several follow-up visits where his return to full 
duty was consistently projected to be 2 Sep 11. 

 

On 17 Aug 11, the applicant was approved for nine additional 
physical therapy appointments, the last of which was scheduled 
for 7 Sep 11. 

 

On 31 Aug 11, an AF Form 422, Duty Limiting Condition Report, 
was issued subjecting the applicant to both duty and mobility 
restrictions through 1 Oct 11. 

 

On 2 Sep 11, the applicant’s active duty orders expired and he 
was released from active duty and reverted to his traditional 
(part-time) status as a member of the Air Force Reserve. 

 

On 10 Sep 11, an AF Form 422, Duty Limiting Condition Report, 
was issued which extended the applicant’s mobility restrictions 
through 8 May 12. 

 

On 20 Sep 11, the applicant reported for a follow-up appointment 
complaining that his pain remained unchanged despite his 
previous surgery. His attending physician ordered an MRI which 
was conducted on 29 Sep 11 and revealed the need for another 
surgical intervention. 

 

On 3 Oct 11, the applicant reported for follow-up where his 
physician continued his restrictions and directed follow-up 
after the second surgery. 

 

On 21 Oct 11, the applicant executed a letter of acknowledgement 
wherein he acknowledged his rights and responsibilities 
associated with his request for MEDCON orders. 

 

On 15 Nov 11, the applicant underwent his second arthroscopic 
surgery of his left knee. 

 

On 13 Dec 11, the applicant was ordered to active duty for the 
purposes of MEDCON through 4 May 13. 

 


SAF/AA Policy Memorandum, Return to Active Duty of Air Reserve 
Component Members Unable to Perform Military Duties, dated 8 Dec 
06, provides that members who are released from active duty, but 
subsequently become unable to perform military duty as a result 
of an LOD condition, will be voluntarily returned to active duty 
until they are fit for duty or separated from the service via 
the Disability Evaluation System (DES). To be eligible under 
this policy, Airmen shall have a medical diagnosis rendering 
them unable to perform military duties and a LOD determination 
documenting the condition was incurred or aggravated in the LOD. 
Entitlement under this policy shall begin when the condition 
renders the Airman unable to perform military duties; not when 
the injury occurred or when the Airman was released from active 
duty. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AMOA/SGHI recommends the applicant’s request be approved, 
indicating the records should be corrected to reflect the 
applicant’s active duty order was extended to initiate an LOD 
determination and AF Form 469 when further medical evaluation 
was warranted as set forth in AFI 48-123, Medical Examinations 
and Standards. 

 

A complete copy of the AFMOA/SGHI evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to applicant on 
19 Jun 12 for review and comment within 30 days. As of this 
date, no response has been received by this office (Exhibit D). 

 

________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has not 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. The 
applicant contends that he should not have been released from 
active duty on 2 Sep 11, but continued to serve on active duty 
for the purposes of medical continuation (MEDCON) while he 
received treatment for the injury he incurred in the line of 
duty (LOD). After a thorough review of the evidence of record 
and the applicant’s complete submission, we agree. In this 


respect, we note that the evidence before us indicates the 
applicant’s LOD injury rendered him unfit to perform his 
military duties during this period and, thus, should have formed 
the basis for his continued retention on MEDCON orders. In this 
respect, we note that on 31 Aug 11, competent medical authority 
subjected the applicant to significant duty and mobility 
restrictions due to said injury and the applicant eventually 
required surgery, which was performed during the requested 
period. As a result of the surgery, the applicant was once 
again placed on MEDCON orders to recuperate. Therefore, in view 
of the above, we believe the applicant has presented substantial 
evidence that indicates he was unfit for duty during the 
requested period and therefore should not have been released 
from active duty, but been allowed to continue to serve on 
MEDCON orders until his condition was materially resolved. 
Therefore, we recommend the applicant’s records 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 2 September 2011, but on that 
date, continued to serve on active duty for the purposes of 
medical continuation (MEDCON) through 12 December 2011. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-01680 in Executive Session on 19 Sep 13, 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 28 Mar 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFMOA/SGHI, dated 23 Apr 12. 

 Exhibit D. Letter, SAF/MRBR, dated 19 Jun 12. 

 

 

 

 

 

 Panel Chair