RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00549
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be entitled to Medical Continuation (MEDCON) orders from
9 Aug 11 to 17 Jan 12 with full pay and benefits.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He should have remained on active duty until his medical
condition was resolved. His medical treatment was continued;
however, he was left without MEDCON orders until 18 Jan 12. He
was not given any legal basis as to why he was not retained on
active duty.
In support of his appeal, the applicant provides copies of his
DD Form 214, Certificate of Discharge or Release from Active
Duty, issued in conjunction with his 8 Aug 11 separation;
medical documentation from his military medical providers; his
LOD documents, 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 17 Jul 10 to
8 Aug 11.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPFA/MEDCON recommends denial.
The applicant was on orders from 17 Jul 10 to 2 Nov 10 and was
seen for a medical condition in early Sept 10. He was placed on
MEDCON orders from 3 Nov 10 through 8 Aug 11 and states that he
required continued treatment at the time he was released from
these orders.
On 4 Feb 11, the applicant was evaluated and conservatively
treated for a Non - Line of Duty Determination (Non-LOD)
condition. He was seen again on 11 Feb 11 and treated
conservatively. No further appointments were noted for his non-
LOD condition, until 30 Jun 11. At this visit it was expected
that treatment for the applicants LOD condition would end in 5
- 6 weeks. Thus, his orders were extended to 8 Aug 11, to
coincide with this time frame. On 8 Aug 11, an extension was
requested based on the projected LOD and receipt of the
treatment plan. However, without the supporting documentation,
this request was disapproved.
On 18 Jan 12, the second MEDCON request was allocated.
Eligibility for MEDCON begins when the LOD is completed through
the Wing Appointing Authority or HQ ARC Approving Authority, as
appropriate. No documentation is available to indicate why this
request was not submitted until Jan 12. On 8 Sep 11, the new
LOD was completed and the applicant would have been eligible at
that time provided a treatment plan was still in place for that
LOD condition. There is no evidence of a treatment plan.
Documentation required to validate treatment would be in the
form of physical therapy progress notes and a schedule of
appointments annotating those kept and/or canceled.
Service members are eligible to receive treatment for all
medical conditions while on MEDCON orders, however, orders
cannot be extended solely for the treatment of a non-LOD
condition. It should be noted that, on 28 Jul 11, an LOD was
initiated, but it is unknown when this LOD and corresponding
medical documentation was submitted to the MEDCON validator for
review and processing. Per the declination note provided on
8 Aug 11, by the CMAS program allocator:
"Extension for MEDCON is disapproved at this time, IAW DoD 7000.
14-R, DoD Financial Management Regulation, Volume 7A, Chapter
57, Table 57-3, 'Disability Entitlements for the Reserve
Forces, Note 2: Failure of the member to provide current and
sufficient information as established by administrative
regulations of the military service concerned may result in
discontinuation of pay and allowances. It is the member's
responsibility to provide documentation in a timely manner." It
is suspected, based on the above, that the medical documentation
was submitted after the applicants orders ended.
The complete DPFA/MEDCON evaluation, with attachments, 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 23 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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation
of Air Force Medical Operations Agency and adopt its rationale
as the basis for our conclusion that the applicant has not been
the victim of an error or injustice. Therefore, in the absence
of evidence to the contrary, we find no basis to recommend
granting the relief sought in this application.
________________________________________________________________
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-2013-00549 in Executive Session on 15 Oct 13, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Jan 13, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Letter, AFMOA/SGHI, dated 13 Aug 13, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 23 Aug 13.
Panel Chair
2
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