RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00996
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be placed on Medical Continuation (MEDCON) orders from
1 Sept 11 27 Sep 12, based on injuries he sustained In the
Line of Duty (INLOD).
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He was not offered MEDCON entitlements. He was supposed to be
medically retained for service connected injuries until properly
treated and returned to duty or medically retired. He was
subsequently forced into a Leave Without Pay (LWOP) status as a
Title 32 military technician pending a Medical Evaluation Board
(MEB) decision.
In support of his appeal, the applicant provides copies of his
disability retirement orders; mobilization orders, and various
other documents associated with his request.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant served on a temporary tour of active duty, from
1 Nov 10 31 Aug 11.
On 9 Jan 12, the applicant met an MEB and was diagnosed with
Asthma and his case was referred to the Informal Physical
Evaluation Board (IPEB). On 9 Jul 12, the IPEB found the
applicant unfit and recommended a medical retirement with a
compensable disability rating of 50 percent. On 26 Jul 12, the
applicant agreed with the IPEBs findings. On 31 Jul 12, the
Secretary of the Air Force Personnel Council directed that the
applicant be permanently disability retired with a compensable
disability rating of 50 percent.
On 27 Sep 12, the applicant was permanently retired for
disability with a compensable disability rating of 50 percent.
He was credited with 9 years and 29 days of active service for
retirement and 21 years, 3 months, and 11 days of service for
pay.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFMOA/SGHI recommends denial, stating, in part, that the
applicant was not eligible for MEDCON managed through the
Command Man-Day Allocation System (CMAS).
The CMAS does not show any record of a MEDCON request for the
applicant. His orders indicate that he was on Active Duty for
Operational Support (ADOS), Title 10 USC 12301 (D) orders at the
time of his illness. No other orders are available to indicate
the applicant was on Title 10 12301 (D) mobilization/partial
mobilization orders at the time of his illness, diagnosis, or
IDES recommendation. Air Force Form 469, Duty Limiting
Condition Report, was initiated on 24 Mar 2011 while on the ADOS
orders, indicating duty and mobility restrictions and a code 37.
This code indicates that the applicants condition is expected
to require an MEB. A Line of Duty (LOD) was not submitted or
available. Therefore, SGHI was unable to determine if the
applicant's condition was In Line of Duty {ILOD) - Yes, S/A
(Service Aggravated), or N/A (Not Applicable), which is a
requirement to determine MEDCON eligibility.
MEDCON managed by SGHI and through CMAS does not provide orders
for ADOS tours. The applicant may have been eligible for MEDCON
managed through the Air National Guard (ANG). However, the LOD
is required for MEDCON managed through the ANG program as well.
The complete SGHI evaluation 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. 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 AFMOA 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-2013-00996 in Executive Session on 19 Dec 13, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Feb 13.
Exhibit B. Applicants Available Master Personnel Record.
Exhibit C. Letter, AFMOA/SGHI, dated 8 Jul 13.
Exhibit D. Letter, SAF/MRBR, dated 5 Aug 13.
Panel Chair
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
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