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AF | BCMR | CY2013 | BC-2013-00549
Original file (BC-2013-00549.txt) Auto-classification: Denied
                       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 applicant’s 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 applicant’s 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 applicant’s 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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