RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:			DOCKET NUMBER:  BC-2014-01596
		
  					COUNSEL:  NONE

					HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His military records be corrected to show he was in an Active 
Duty (AD) status from 14 Aug 13 to 16 Mar 14.


APPLICANT CONTENDS THAT:

He returned from deployment injured and should have been kept on 
AD status while a Line of Duty (LOD) determination and Medical 
Continuation (MEDCON) order were in process.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant is a Reservist who was ordered to AD at Dobbins 
Air Reserve Base, GA from 27 Dec 12 to 7 Aug 13.  During the 
time period of the order, the applicant deployed to Afghanistan 
and injured his left ankle. 

On 5 Nov 13, after his return from his deployment and expiration 
of AD orders, an Informal Line of Duty Determination (ILOD), 
AFRC IMT 348, was initiated regarding the applicant’s ankle 
injury. 

On 19 Nov 13, the recommended finding was that the ankle injury 
was ILOD.

On 18 Dec 13, the ILOD, AFRC IMT 348, was approved indicating 
the applicant had sprained his left ankle in the line of duty 
while playing basketball on 29 Jun 13 at Camp Phoenix, 
Afghanistan.

From 17 Mar 14 to 3 Jul 14 the applicant was placed on Medical 
Continuation (MEDCON) orders per the AFPC/DPFA advisory, dated 
29 May 14. 


AIR FORCE EVALUATION:

AFPC/DPFA recommends disapproval, indicating there is no 
evidence the government or organizations within the government 
made a mistake.  The Service Member (SM) received a finalized 
LOD which gives him access to care at military treatment 
facilities or a Department of Veteran’s Affairs (DVA) facility 
to receive additional medical care.  The applicant was eligible 
for the Transition Assistance Management Program (TAMP), which 
provides 180 days of premium-free transitional health care 
benefits after regular TRICARE benefits end.  

The MEDCON Program is voluntary according to Secretary of the 
Air Force (SAF) policy.  An SM may be eligible for MEDCON orders 
when an injury, illness, or disease is incurred or aggravated 
while serving on orders and that condition renders the Airman 
unable to perform military duties.  MEDCON eligibility requires 
an LOD determination and a finding by a credentialed military 
health care provider that the Airman has an unresolved health 
condition requiring treatment and renders the Airman unable to 
meet retention or mobility standards In Accordance With (IAW) 
AFI 48-123, Medical Examinations and Standards, chapters 5 and 
13.  The applicant did not provide any type of explanation as to 
why the MEDCON request was not submitted at the conclusion of 
the active duty tour (10 U.S.C. 12301(d) orders [27 Dec 12-7 Aug 
13]), but did indicate medical treatment was being administered 
based on the injury highlighted within the LOD.  

The complete DPFA evaluation is at Exhibit C.

AFBCMR Medical Consultant concurs with the DPFA assessment.  No 
objective Service medical evidence has been supplied upon which 
to make a reasoned assessment of the applicant’s petition.  
Examples of required evidence would include profile 
restrictions, e.g., AF Form 422, Physical Profile Serial Report, 
or an AF Form 469, Duty Limiting Condition Report, prohibiting 
performance of certain duties, to include the AF Fitness 
Assessment and/or Mobility, initiated during the applicant’s 
period of active service or demobilization.     

The complete AFBCMR evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded by stating when he returned from 
deployment and in-processed, he reported that he was having 
issues with his ankle.  He states he was told to see his 
civilian provider and return with those records.  When he turned 
in those records, his orders were not extended.  He indicates he 
learned at a later date, that his orders should have been 
extended and he should have been sent to a military provider for 
evaluation.  

He further states he had surgery 25 Nov 13, but up until that 
time he was using his personal leave to attend medical 
appointments and physical therapy.  New MEDCON orders were 
finally approved and started 17 Mar 14.  On 2 May 14, he had a 
second ankle surgery and was still under the doctor’s care as of 
the date of his response. 

The applicant provided his Notification of Air Force Member’s 
Qualification Status, AF Form 422, dated 31 Jul 14, which 
indicated that the applicant was not authorized duty assignments 
under field conditions and was not able to occupy a mobility 
position.  

The applicant provided his Duty Limiting Condition Report, dated 
19 Aug 14, which referenced his assignment limitation code and 
his fitness assessment restrictions in regards to the run/walk, 
push-ups, and sit-ups.

The applicant’s complete response is at Exhibit E.


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 an injustice.  After a thorough 
review of the evidence of record and the applicant’s complete 
submission, we believe the applicant is the victim of an error 
or injustice.  We note the comments of AFPC/DPFA, indicating the 
applicant did not provide any type of explanation as to why the 
MEDCON request was not submitted at the conclusion of the AD 
tour, and of the AFBCMR Medical Consultant that no objective 
Service medical evidence has been supplied upon which to make a 
reasoned assessment of the applicant’s petition.  However, we 
believe the applicant was not afforded appropriate counseling 
upon expiration of his active duty orders in regards to MEDCON 
orders, the resolution of his injury, and future treatment for 
his injury.  This rationale is supported by the fact that the 
applicant was later put on MEDCON orders from 17 Mar 14 to 3 Jul 
14, and that both the AF Form 422, Notification of Air Force 
Member’s Qualification Status, dated 31 Jul 14, and the Air Form 
469, Duty Limiting Condition Report, dated 14 Nov 14, indicate 
the applicant was placed on duty restrictions concerning field 
condition assignments and fitness assessment limitations.  In 
view of this, we believe the applicant has provided sufficient 
evidence to warrant his continued active duty status while his 
medical condition was being properly resolved.  Therefore, we 
recommend the applicant’s records be corrected as indicated 
below.  	


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that he was 
not released from active duty on 8 August 2013, but was 
continued on active duty until 3 July 2014. 


All members voted to correct the records as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-01596 was considered:

	Exhibit A.  DD Form 149, dated 15 Apr 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFA, dated 29 May 14.
	Exhibit D.  Memorandum, AFBCMR, dated 7 Nov 14.
        Exhibit E.  Applicant’s Response, dated 11 Dec 14.