RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00485
XXXXXXX COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be entitled to active duty pay and allowances for the period
from 16 Jun 30 Jul 05, under the provisions of Title 10 United
States Code (U.S.C.) §12302, rather than incapacitation pay
(INCAP).
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He should have remained on active duty until his medical
condition was resolved. It is not fair to him or his civilian
employer to be required to take leave from his civilian
employment due to an injury that was caused during his military
duties.
He was improperly removed from active duty status after
suffering a Line-of-Duty (LOD) injury identified in Mar 05. On
6 Apr 05, the AF IMT 348, Line of Duty Determination, was
initiated, but was not completed unti1 3 Aug 05. His requests
for Medical Continuation (MEDCON) orders were submitted at least
three times; however, his requests were denied. Title 10 U.S.C.
§12302 orders that were scheduled to end on 15 Jun 05 were
modified after he had been paid, creating a debt that was
improperly corrected with annual training days and
incapacitation pay.
In support of his appeal, the applicant provides copies of his
special orders and amendments; medical documentation from his
military medical provider; his LOD paperwork, and various other
documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant served on extended active duty from 23 Mar 04 to
8 Apr 05.
The applicant was in Duties Not Involving Flying (DNIF) status
effective 15 Mar 05. On 13 Aug 05, he was medically cleared for
flying duties.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFMOA/SGHI recommends the applicants request to be retained on
Title 10 U.S.C. §12302 orders be approved, but his orders should
be under Title 10 U.S.C. §12301(h) orders as directed by SAF-MR
Memo, dated 7 Jan 05, para 3.
MEDCON was not centrally managed by Air Force Medical Operations
Agency (AFMOA) until 2008. Prior to this, MEDCON was
individually managed by the supported MAJCOM. SGHI has no
documentation to support if the member did or did not apply for
MEDCON. The Command Man-Day Allocation System (CMAS) does not
show any record of a MEDCON request. The applicants medical
and finance units were contacted. The medical unit had no
records of the applicant since he retired and his records were
sent to the Medical Record Repository. Finance did have
information concerning his request for INCAP and shows payment
in Dec 2006 for the time 16 Jun - 30 Jul 05.
The applicant was on Title 10 U.S.C. §12302 orders at the time
of injury. Physical Profile Serial Report, dated
5 Apr 05 indicates the applicant was world-wide disqualified
with a revised temporary profile of 4T. The LOD was initiated
promptly.
The complete SGHI evaluation, with attachment, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 5 Aug 13 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 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. The Air Force office of primary
responsibility has adequately addressed the issues presented by
the applicant and we are in agreement with their opinion and
recommendation. We note the applicant requests MEDCON under the
provisions of Title 10 U.S.C. §12302. However, we agree with
SGHI that the applicants orders should be approved under the
provisions of Title 10 U.S.C. §12301(h), which authorizes the
Service Secretary to order a member of the Reserve Component
(RC) to active duty for medical evaluation and treatment.
Accordingly, we recommend the applicants record be corrected to
the extent indicated below.
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 issue(s)
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 APPLICANT, be corrected to show that for the
period 16 Jun 05 to 30 Jul 05, he was placed on active duty, for
the purposes of medical continuation in accordance with Title
10 U.S.C. §12301(h), rather than authorization for
incapacitation pay.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-00485 in Executive Session on 15 Oct 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 23 Jan 13, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Letter, AFMOA/SGHI, dated 3 Jul 13, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 5 Aug 13.
Panel Chair
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