RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03638
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be placed on medical continuation (MEDCON) orders from
17 Jan 12 to 8 Feb 12.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He should have been placed on MEDCON orders for a Line of Duty
(LOD) injury he incurred during his activation/involuntary
mobilization in support of Operation ENDURING FREEDOM. He was
injured while on active duty for more than 30 days; however, his
LOD determination was not completed in time for him to receive
MEDCON orders for the period of his surgery and convalescent
leave.
He initiated paperwork with his unit and the Air Force Medical
Operations Agency (AFMOA); however, they did not review his
request because the Military Treatment Facility (MTF) had not
completed his LOD determination.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant, a member of the Air Force Reserve, was issued
activation orders for a tour of active duty in support of
Operation ENDURING FREEDOM from 3 Jan 11 to 18 Jun 11.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFMOA/SGHI recommends denial, stating, in part, that the
applicant did not provide sufficient evidence to support his
claim. The reason his care and medical orders were not approved
is due to the LOD not being completed prior to his surgery date
and the primary office that would need to explain the delay in
the LOD processing is the assigned Medical Unit (452 AMDS).
SGHI notes that according to the timeline narrative regarding
the applicants injury and LOD, written by the 452 AMDS dated
10 Aug 12, states that on 16 Mar 11, he was injured during his
activation from 3 Jan - 18 Jun 11. An LOD for the injury was
initiated on 9 Jul 11; however, it was not finalized as In the
Line of Duty until 19 Jun 12.
The complete SGHI evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
The applicant provides a letter from the MTF, Health Services
Management office summarizing the chronological events which led
to his LOD determination being delayed (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. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice warranting
corrective action. We note the comments from the Air Force
office of primary responsibility; nonetheless, the serving MTF
provided evidence that the administrative delay with the LOD
processing was due to no fault of the applicant. Therefore, in
view of the above, the applicant has provided substantial
evidence that he has been the victim of an error or injustice.
Accordingly, we 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 APPLICANT, be corrected to show that he was
not released from active duty on 16 Jan 12, but on that date was
continued on active duty until 11 Feb 12, on which date he was
released from active duty.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-03638 in Executive Session on 11 Jun 13, under
the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Feb 12, w/atchs.
Exhibit B. Letter, AFMOA/SGHI, dated 28 Feb 13.
Exhibit C. Letter, SAF/MRBR, dated 1 Mar 13.
Exhibit D. Letter, 452nd AMDS, dated 28 Mar 13, w/atchs.
Vice Chair
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