Awaiting AFRC LOD for Medcon!!

Ruptured Duck

Moderator
PEB Forum Veteran
DoD 7000.14-R, VOLUME 7A, CHAPTER 57
“RESERVE ENTITLEMENTS FOR ACTIVE DUTY (NOT EXTENDED)”
570604

C. Termination of Pay and Allowances. Subject to the provisions in Table 57-3, a member’s entitlement to pay and allowances while disabled terminates upon:
1. Retirement.
2. Separation for physical disability.
3. Determination by Military Service medical personnel that the member has recovered sufficiently to perform normal military duties, or when actually restored to normal military duties, whichever occurs first. A member must submit to timely Service medical examination(s) necessary for preparation of required medical certificate(s) in order to extend entitlement to pay and allowances beyond the ordered duty or training period. This provision does not apply to Table 57-3, rules 2, 5, and 8 since the member’s entitlements therein are based upon lost civilian income. Civilian earned income does not include retirement income.



Falcon, Jason, et al...

This is a clear cut case of the "useful idiots" cherry picking one DoD reg out of context to circumvent the law.

In my opinion and I have no doubt the actual intent of line 3 by the DoD means a "FIT FOR DUTY"; meaning the medical condition has been resolved or a "Final determination" has been achieved as outlined in DoD 1241.2:


"6.6.3.2. A Reserve component member on active duty under a call or order to active duty specifying a period of 31 days or more, who incurs or aggravates an injury, illness, or disease in the line of duty shall, with the member's consent, be continued on active duty upon the expiration of call or order to active duty until the member is determined fit for duty or the member is separated or retired as a result of a Disability Evaluation System determination.
"

Specifically a service member is no longer on a medical condition profile AF 469 and has been cleared by an Air Force Doctor or has been found FIT FOR DUTY by a Medical Evaluation Board or a Physical Evaluation Board.

ALL 535 members of Congress need to informed of how some nameless petty "useful idiots" are playing word games with the lives of disabled and injured service members who have line of duty conditions...

Call...

-duck
 

89Falcon

PEB Forum Regular Member
PEB Forum Veteran
My issue now is my RMG supt who says I'm not eligible because I'm not debilitated and cites my current civilian job as justification that I've returned back to the state to where I can perform my primary duties.*My division hired me as a contractor when my orders ended btw.

The MEDCON POC concurred and gave me this response:
"[She] is correct; MEDCON orders are for members that are debilitated
to the point they cannot perform their primary duties.
Since you were able to work in a civilian capacity then the Line of Duty is
sufficient to cover your medical entitlements.
If you have any work days missed due to health appointments then you may
file for incapacitation pay to cover your loss of wages."*
hmmm....I know of several contractors that are confined to wheelchairs......how many military guys do you know are?

That is utter BS....as a matter of fact, the ability to perform your PRIMARY AFSC does NOT warrant MECON....IE, a pilot who is dnif due to a bad sinus infection for a month, would NOT get medcon orders......since the condition is NOT mobility restricting.
 

Maxschnell

PEB Forum Regular Member
This is pretty funny, and we could all use a good laugh.

I received this shortly after someone explained to me that cancelling my approved MEDCON orders was the right thing to do.

The below link is the ARPC Personnel Fact Sheet which gives a lot of personnel information. Please reference for basic questions and keep for future information.

http://www.arpc.afrc.af.mil/shared/media/document/AFD-110318-054.pdf

Bookmark this link if you ever want to read something that has absolutely nothing to do with the LOD or MEDCON processes.
 

Maxschnell

PEB Forum Regular Member
This is pretty amusing.

Got this from the "individual not qualified to make a medical determination" who is singlehandedly responsible for having my approved MEDCON orders (with back pay) rescinded. This followed the explanation of how cancelling my approved MEDCON orders was the right thing to do.

The below link is the ARPC Personnel Fact Sheet which gives a lot of personnel information. Please reference for basic questions and keep for future information.

http://www.arpc.afrc.af.mil/shared/media/document/AFD-110318-054.pdf

Be sure to bookmark this link should you ever feel like reading something that has absolutely nothing to do with the LOD/MEDCON process.
 

Ruptured Duck

Moderator
PEB Forum Veteran
You have to be kidding me....?

Have the "useful idiots" lost whatever little common sense they had?????

Give me a call. You need to drop the hammer on them right now...
 

Ruptured Duck

Moderator
PEB Forum Veteran
FOUND THE SAF/MR "policy letter" is actually a memo from 07 Jan 2005 that AFMOA is unlawfully citing as a reason to deny ARC/ANG members MEDCON orders.

THE MEMO ACTUALLY HELPS KEEP ARC/ANG MEMBERS WHO HAVE LOD CONDITIONS ON ACTIVE DUTY ORDERS DESPITE WHAT AFMOA IS UNLAWFULLY DOING!

SAF/MR "policy" letter 07 Jan 05

The ACTUAL Memo Subject is: Medical Continuation/Extension for Reserve Component (RC) Members Serving in Support of a Contingency

Even though the memo was technically voided by Air Force AFI's 180 days after it was issued, the "useful idiots" at AFMOA are deliberately taking this memo out of context and misconstruing what the author, Michael L. Dominguez Assistant Secretary of The Air Force for Manpower and Reserve Affairs is actually saying. HOWEVER even if this memo did allow AFMOA the authority to do what they are doing this memo has no authority to over ride Federal law, DoD instructions and Air Force AFI's...

What this memo is actually trying to implement is taking ARC/ANG members who have LOD conditions and are currently on Title 10 USC section 12302 orders (INVOLUNTARY call up which is limited to 24 months or 730 days) and placing them on Title 10 USC section 12301(h) orders (VOLUNTARY MPA medical orders) to continue the RC members medical treatment, pay and benefits and preserve their rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA), so that injured RC members are not arbitrarily taken off orders. .

Pursuant to SAF/MR Memorandum dated 07 Jan 2005:

"If the demobilizing member's medical evaluation indicates a condition that will affect world wide mobility, the demobilizing RC member will be retained on MPA man-days in accordance with Title 10, U.C. Code, section 12301(h), until the RC member is fit for duty or completion of the Disability Evaluation System process, including appeals."

The next main point in this memo deals with RC members who have LOD conditions and are able to perform military duties (E.G. Have been "Returned to Duty", are deem fit for "Worldwide Mobility", are NOT under a profile from their LOD condition while on some type of orders, etc.), AND CANNOT RETURN TO THEIR CIVILIAN OCCUPATION BECAUSE OF THE LOD CONDITION, FOR WHATEVER REASON are entitled to RESERVE INCAPACITATION PAY under 37 U.S.C. 204 (g).

"Reserve Component member's who are able to perform military duties but ARE NOT ABLE TO RETURN TO THEIR CIVILIAN EMPLOYMENT will be demobilized and provided incapacitation pay in accordance with established procedures within the component." Note: They placed emphasis on "are not able to return to their civilian employment"

It's time to "tune them up" at the Air Force, Air Force Reserve and the Air National Guard in regards to the "useful idiots" at AFMOA...
 

89Falcon

PEB Forum Regular Member
PEB Forum Veteran
Here is the latest reply.....it looks like AFMOA may just be repeating what some clown at A1 is telling them....note they never cite a REG for the refusal.....just some "made up" good sounding blurb. I'm getting ready to unleash the hounds of hell.....

BTW...."elective surgery" does not mean "un-needed".....it means "non-emergent"....and I was on a mobility limiting profile BEFORE the surgery for the condition....and will only get "worldwide mobility" status back BECAUSE of the surgery....

LTC XXXXXXXXXX: The case was declined by Allocator at Scott AFB. per Allocators at AF/A1MS-CLA at Scott AFB: the decline statement is below.
2011-06-15 16:18:53 XXXXXXX.XXXXXXXX (A1 "Allocator"....probably a GS9)
Request for MEDCON declined: Having a medical condition or an LOD does not constitute sole eligibility for Medical Continuation man-days. Pay and allowances under 10 USC 12301(h) (authority for MEDCON) must be based on a complete and current validation of the medical requirement substantiated by detailed medical documentation from the treating physician that clearly communicates the current degree of severity of the medical condition and how such impairment renders the member unable to perform military duties and how long that degree of impairment is expected to continue at that level. As an alternative, also IAW DODD 1241.1 and DoDI 1241.2, if the member can perform military duties but cannot return to his civilian job then he may be eligible for Incapacitation pay which is administered by the ARC component IAW AFRCI 36-3004. This particular surgery is considered `elective surgery` and HEP program for PT is ineligible for MEDCON days. This case is more appropriate for Incap Pay.

2011-06-10 11:50:35 XXXX.XXXXXXXX
Member request resubmitting of initial request. Member request review IAW AFRCI36-3004 AFMOA Case Manager's validation statement: 2011-06-10 Member injured ILOD. Member had a right foot injury while on military status from 2 Oct 2010 to 15 May 2011, foot developed swelling and pain after running. Physician follow- for this condition lead surgery treatment of bunionectomy on 27 Apr 2011. Member now 44 days s/p surgery. Member states he was on con leave for 14 days after surgery. Member states he is now following up with surgeon approximately every two weeks. PT consist of a HEP of stretching exercises.
 

Maxschnell

PEB Forum Regular Member
Bollocks. I'd like to see some of their OPR/EPRs, "Saved over $4m by violating regulations and denying legitimate requests for care. "*

Is there a way I can get ahold of my case notes? Is there a particular form or file I should ask for? I know who my case worker is, could prob go straight to them.*

My MEDCON was finally approved (with two months back pay) but was subsequently rescinded after someone unqualified to make medical evaluations determined I was no longer eligible because I have a civilian job. Again, where is that in the reg?
 

Ruptured Duck

Moderator
PEB Forum Veteran
LTC XXXXXXXXXX: The case was declined by Allocator at Scott AFB. per Allocators at AF/A1MS-CLA at Scott AFB: the decline statement is below.
2011-06-15 16:18:53 XXXXXXX.XXXXXXXX (A1 "Allocator"....probably a GS9)
Request for MEDCON declined: Having a medical condition or an LOD does not constitute sole eligibility for Medical Continuation man-days. Pay and allowances under 10 USC 12301(h) (authority for MEDCON) must be based on a complete and current validation of the medical requirement substantiated by detailed medical documentation from the treating physician that clearly communicates the current degree of severity of the medical condition and how such impairment renders the member unable to perform military duties and how long that degree of impairment is expected to continue at that level.
Nowhere does any DoDI or AFI state any of this...

As an alternative, also IAW DODD 1241.1 and DoDI 1241.2, if the member can perform military duties but cannot return to his civilian job then he may be eligible for Incapacitation pay which is administered by the ARC component IAW AFRCI 36-3004. This particular surgery is considered `elective surgery` and HEP program for PT is ineligible for MEDCON days. This case is more appropriate for Incap Pay.
What DoDI 1241.2 ACTUALLY DIRECTS:

6.6.3.2. A Reserve component member on active duty under a call or order to active duty specifying a period of 31 days or more, who incurs or aggravates an injury, illness, or disease in the line of duty shall, with the member's consent, be continued on active duty upon the expiration of call or order to active duty until the member is determined fit for duty or the member is separated or retired as a result of a Disability Evaluation System determination.

AND Pursuant to AFI36-3212:

8.6.2. ARC members who incur or aggravate an injury, illness or disease in the line of duty while on orders for more than 30 days are not involuntarily released from those orders until final disposition of their disability case. These members' entitlement to full pay and allowances and benefits continue to the same extent provided by law or regulation to regular component members.


Falcon and Max, start sending me names and email addresses of the useful idiots...I talked this issue over with Jason and it's time to push this up to the SAF/IG etc. But the key here is that we need to have the "useful idiot" or the "useful idiots" to hold accountable. I need names/info etc. etc. etc.

I'm a retired (permanent disabled/combat related) Veteran that actually forced the USAF in the United States Court of Claims (USCFC) to follow the Law and I will use that bully pulpit position to make it perfectly clear to them all what they are doing is illegal and will be overturned at the USCFC. Then ALL 535 Members of Congress need to know who these people are...

call me...
 

89Falcon

PEB Forum Regular Member
PEB Forum Veteran
Got this gem today......apparently, they held a 4 member "board" without my knowledge....someone doesn't know they should stop digging when they are in a hole.......

Sir: I regret to inform you that a 4-member panel has re-evaluated your request for MPA Medical Continuation man-days and does not find you qualified for Medical Continuation for the following reasons: "Information provided does not support continuing member on Military Personnel Appropriation (MPA) Medical Continuation orders. Pay and allowances under 10 USC 12301(h) must be based on a complete and current validation of the medical requirement substantiated by detailed medical documentation from the treating physician that clearly communicates the current degree of severity of the medical condition and how such impairment renders the member unable to perform military duties and how long that degree of impairment is expected to continue at that level and a medical diagnosis with proximal cause. NOTE: A medical impairment or physical defect standing alone does not constitute a physical disability. To constitute a physical disability, the medical impairment or physical defect must be of such a nature and degree of severity as to interfere with the member's ability to adequately perform his or her military duties. The term "Military duties" is defined by DoDD 1241.01 and DoDI 1241.2 as the duties of a Service member's office and grade, and not necessarily the specialty or skill qualification held by the member prior to incurring or aggravating an injury, illness, or disease in the line of duty. Inability of the member to perform the duties of his or her office, grade, rank, or rating in every geographic location and under every conceivable circumstance will not be the sole basis for a finding of unfitness or eligibility for medical continuation orders. Additionally, being mobility restricted as noted on an AF Form 469 Duty Limiting Condition will not be the single determining factor in finding a member unfit or eligible for medical continuation orders. Should any new and compelling evidence or information be presented that would render consideration of a differing decision this case may be re-evaluated as necessary. As an alternative, also IAW DoDD 1241.01 and DoDI 1241.2, Reserve Component members who are able to perform military duties but are not able to return to their civilian employment may be eligible for Incapacitation Pay in accordance with established procedure within the component. Should the member disagree with this decision then the Air Force Board for Correction of Military Records (AFBCMR), IAW AFI 36-2603, is the appropriate authority to remove an error or injustice, or recommend such correction. Thanks. XXXXXXX X XXXXXXX, Maj, USAFR, NC HQ USAF/A1MS-CLA
 

89Falcon

PEB Forum Regular Member
PEB Forum Veteran
Got some more information today......
My "board" which in effect returned me to duty (for medcon purposes only), consisted of 3 nurses (all AFR Majors), and one "MSO"....ie, hospital administrator....which is code for "no medical training"..... This motley crew is making medical/treatment decisions without so much as notifying the member. Additionally, these people are demanding access to my personal medical records so that they (since they are nurses after all) can make these decisions....seems to be a DIRECT violation of AFI 41-210

2.2.3.1. Use of information. Patient’s Protected Health Information can only be used for
treatment, payment and health care operations without written authorization from the
patient or other disclosures required by law.

2.3. General Guidelines on Releasing Medical Information.
2.3.1. Information is released from health records according to the requirements of this
chapter, applicable laws and other directives such as DOD 6025.18-R. Information released
will be limited to the minimum necessary to accomplish the intended task, identify the
requester, and support a valid requirement for the information
 

VAJumper

Moderator
PEB Forum Veteran
Nowhere does any DoDI or AFI state any of this...



[/I][/B]Falcon and Max, start sending me names and email addresses of the useful idiots...I talked this issue over with Jason and it's time to push this up to the SAF/IG etc. But the key here is that we need to have the "useful idiot" or the "useful idiots" to hold accountable. I need names/info etc. etc. etc.

call me...
Names, I've got names. Col Robin Grantham and SMSgt Kobilis, AFRC RMG
 

89Falcon

PEB Forum Regular Member
PEB Forum Veteran
Names, I've got names. Col Robin Grantham and SMSgt Kobilis, AFRC RMG
Looks like Grantham retired......
SMSgt Kobilis......either completely incompetent, or (IMHO) extremely dishonest......
Maj Carole Kindred.....likes to play Dr.......(see Robinson v. US).....50 YO NC Major.
Mr Mike Fedorsak.......the "top cover" at Scott......refused to talk to me...made the mistake of calling my boss....didn't go so well for him....refuses to question the propriety of those working for him....even when asked direct questions.


VAJumper, have you ever considered filing a civil suit for pain and suffering? Grantham is retired, it would be tougher for her to get the AF's help for her defense....and they won't always defend someone when they are in violation of the law....(article 92). If you nailed ONE of folks pulling the strings, and breaking the law, I'm inclined to think the others would suddenly rethink the appropriateness of their actions.
 

cabletech

PEB Forum Regular Member
Registered Member
I'm sorry to hijack this post but I can't figure out how to post my own.

Here goes.
I was injured on title 10 orders in January. The diagnosis is herniated disc
at L5-S1 with nerve root impingement. I was released from active duty
at the beginning of March and sent to my home station. Medcon orders were
requested mid March. 5 months later the paperwork is finally going through,
but the friendly people at CMAS have stated that my orders will not be backdated. Is there any recourse short of filing in federal claims court?
I've read the AFIs that pertain to not being released from orders, but I am
unsure if anyone will listen if I bring them up. Will speaking to my senator do any good?


Anyone's help would be greatly appreciated

Thank you.
 

89Falcon

PEB Forum Regular Member
PEB Forum Veteran
I'm sorry to hijack this post but I can't figure out how to post my own.

Here goes.
I was injured on title 10 orders in January. The diagnosis is herniated disc
at L5-S1 with nerve root impingement. I was released from active duty
at the beginning of March and sent to my home station. Medcon orders were
requested mid March. 5 months later the paperwork is finally going through,
but the friendly people at CMAS have stated that my orders will not be backdated. Is there any recourse short of filing in federal claims court?
I've read the AFIs that pertain to not being released from orders, but I am
unsure if anyone will listen if I bring them up. Will speaking to my senator do any good?


Anyone's help would be greatly appreciated

Thank you.
I'm not a fan of the AFBCMR, but this is a case that I think they would view favorably. They will only backdate the orders to the date that your condition made you "unfit"

Are you meeting an MEB? Did they ever decline you for orders? Do you have a DLC? Block 31 or 37?
 

cabletech

PEB Forum Regular Member
Registered Member
No MEB. I was never denied orders, they just took their damn sweet time to shuffle the paperwork around. I suppose that's a common tactic. Frustrate you into non-compliance and deny you orders. My DLC is line 31. Should an eight month profile trigger a MEB.
I'm just a bit nervous after reading all the horror stories on here.
 

89Falcon

PEB Forum Regular Member
PEB Forum Veteran
No MEB. I was never denied orders, they just took their damn sweet time to shuffle the paperwork around. I suppose that's a common tactic. Frustrate you into non-compliance and deny you orders. My DLC is line 31. Should an eight month profile trigger a MEB.
I'm just a bit nervous after reading all the horror stories on here.
12 months triggers it...or if they know it will take 12 months.....

What are your limitations? Can you work at all?

Guard or AFR?
 

Maxschnell

PEB Forum Regular Member
My CMAS was back dated a few months (to 25 Mar - my orders ended on 24 Mar) as if my orders never ended, which is the purpose of MEDCON orders IAW all applicable regs. That was decided by AFMOA, the approving authority for MEDCON orders. The orders never got cut which is another story entirely, but yes, it's possible your CMAS can be back dated.

From Lt Whealton at AFRC/SG, "Normally AFMOA does not back date but it appears in this case they did, therfore you should be getting some back pay."

Who are "the friendly people at CMAS"? AFMOA approves but anyone can interfere and impose their opinion or interpretation, that happened to me.


I'm sorry to hijack this post but I can't figure out how to post my own.

Here goes.
I was injured on title 10 orders in January. The diagnosis is herniated disc
at L5-S1 with nerve root impingement. I was released from active duty
at the beginning of March and sent to my home station. Medcon orders were
requested mid March. 5 months later the paperwork is finally going through,
but the friendly people at CMAS have stated that my orders will not be backdated. Is there any recourse short of filing in federal claims court?
I've read the AFIs that pertain to not being released from orders, but I am
unsure if anyone will listen if I bring them up. Will speaking to my senator do any good?


Anyone's help would be greatly appreciated

Thank you.
 
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