RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00637
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be entitled to Medical Continuation (MEDCON) orders starting
on 20 Sep 12 vice 10 Oct 12, based on his injury he sustained In
the Line of Duty (INLOD).
By letter, dated 14 Aug 13, the applicant amended his request to
start his MEDCON orders, 28 Sep rather than 20 Sep 12.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He suffered a knee injury during a deployment and a LOD was
approved; however, his MEDCON orders did not start until
10 Oct 12.
In support of his appeal, the applicant provides copies of his
ILOD paperwork; copies of AF Forms 938, Request and
Authorization for Active Duty Training/Active Duty Tour, dated
28 Jul 11 and 2 Oct 12, and various other documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant served on a temporary tour of active duty from
12 Jan 3 Jul 12. On 15 Mar 12, the applicant was injured
during a deployment.
On 3 Aug 12, the LOD process began and on 20 Sep 12, the Air
Force Reserve Vice Commander (AFRC/CV), found that the applicant
had an injury that Existed Prior to Service, Service Aggravated
(EPTS/SA) and was within AFRC guidelines.
The applicant was placed on MEDCON orders from 10 Oct 12 9 Nov
12.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFMOA/SGHI recommends denial. SGHI notes that no fault or delay
was attributable to government officials and he has not provided
sufficient documentation to justify his eligibility for MEDCON
orders.
SGHI adds that the applicants documentation provided to support
his claim were copies of his finalized LOD, copies of military
orders, and miscellaneous personnel documentation. The
submitted documents make no reference as to why the member would
be eligible for MEDCON orders. The actual MEDCON request
according to records in the Command Manday Allocation System
(CMAS) show that the request was submitted on 24 Sep 12 and
validated by AFMOA MEDCON staff on 27 Sep 12 for a MEDCON order
start date of 10 Oct 12. The medical documentation provided
shows that the next medical treatment appointment was not until
10 Oct 12 as notes reflect his treatment was placed on hold so
that he could go on a short notice TDY. His MEDCON request was
allocated for 10 Oct 12 and he was cleared for full duty on
15 Oct 12, per the medical documentation shown in the Armed
Forces Health Longitudinal Technology Application (AHLTA).
The complete SGHI evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
His civilian occupation is also as a flight engineer and as
validated by AFMOA, the injury he sustained during deployment
prevented him from performing both his civilian and Reserve
occupations. During this time he was unable to return to his
primary occupation because rehabilitative physical therapy was
required daily. He believes it is a just request for the order
to commence the day following validation by AFMOA.
The applicants complete response, with attachments, is at
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. While the
applicant states that his MEDCON orders should have started on
28 Sep 12, he has not provided substantial evidence to support
his request. Therefore, we agree with the opinion and
recommendation of AFMOA and adopt its rationale as the basis for
our conclusion that the applicant has not been the victim of an
error or injustice. 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-2013-00637 in Executive Session on 19 Nov 13, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Feb 13.
Exhibit B. Letter, AFMOA/SGHI, dated 1 Jul 13.
Exhibit C. Letter, SAF/MRBR, dated 5 Aug 13.
Exhibit D. Letter, Applicant, dated 14 Aug 13, w/atchs.
Panel Chair
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