RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02294
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. His discharge date be changed to 13 Sep 13.
2. He receive active duty service points during the period 27 Mar 13 through 13 Sep 13.
APPLICANT CONTENDS THAT:
He was denied MEDCON orders due to an administrative error. His original finding of In the Line of Duty, was correct. The approval authority changed the finding to ARC Only, EPTS-Service Aggravated. He was denied MEDCON orders during his recovery period, which ended on 13 Sep 13.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant served in the Air National Guard during the period of time in question.
According to the documentation submitted by the applicant:
a. Under Title 10 Special Order R-L000050, dated 12 Mar 12, the applicant was placed on active duty for the period from 1 Oct 12 through 7 Jul 13 in support of Operation ENDURING FREEDOM.
b. On 4 Feb 13, the applicant reported to his medical clinic complaining of back pain and numbness in his legs.
c. On 5 Mar 13, although noting the original injury occurred prior to this period of medical service
(he) stated he initially injured his back while on active duty 8 years ago, the appointing authority marked block 19 of the AF IMT 348, Line of Duty Determination, as in the line of duty (ILOD). The Appointing Authority later corrected the ILOD finding to read ARC Only, Existed Prior to Service (EPTS)-Service Aggravated, on 15 Aug 13.
On 26 Mar 13, the applicant was released from active duty due to demobilization.
For the applicants retention/retirement (R&R) year covering the period 11 Feb 13 through 10 Feb 14, he earned 77 participation points, and was credited with a good year toward retirement.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPFA recommends denial indicating there is no evidence of an error or an injustice. In accordance with Secretary of the Air Force Medical Continuation (MEDCON) orders guidelines, Airman 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 provider that the Airman has an unresolved health condition requiring treatment and which renders the Airman unable to meet retention and mobilization standards.
A thorough review of the MEDCON related information technology (IT) system and files, revealed there is no evidence the applicant ever attempted to submit a MEDCON package request, and the applicant did not submit the required documentation with his BCMR application. While the applicant is eligible to receive care for the injury incurred in the LOD at any military treatment facility, recommend denying his request for MEDCON orders due to lack of credible evidence.
A complete copy of the AFPC/DPFA evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 27 Oct 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.
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 an error or injustice. We took notice of the applicants complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of AFPC/DPFA and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. While the Board notes the service aggravated nature of the applicants injury, he has provided no documentation which established that he was ever determined to be unfit for duty by a credentialed military health provider, and therefore, entitled to MEDCON orders for the period of time he is requesting. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
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-2014-02294 in Executive Session on 19 Mar 15 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPFA, dated 9 Oct 14.
Exhibit D. Letter, SAF/MRBR, dated 27 Oct 14.
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