Here is the "reason" given by the AF....which is completely at odds with the reason originally given and the facts/timeline.
SAF/LL
1160 Air Force Pentagon
Washington, DC 20330
The Honorable XXXXXX XXXXXXX
United States Senator
Dear Senator XXXXXX:
This is in reply to your inquiry on behalf of XXXXXXXXXXXXXXXX regarding denial of his Medical Continuation (MedCon) orders.
On February 25, 2011 while serving on an extended Title 10 USC Military Personnel Appropriation (MPA) order ending on May 15, 2011, XXXXXXXXXX incurred an injury to his foot requiring a Line of Duty (LOD) determination. On February 28, 2011, his health care provider placed XXXXXXXXXX on a medical profile with an expiration date of August 26, 2011.
This restriction temporarily disqualified him from duty with mobility limitations.(emphasis added)
The Medical Treatment Facility at XXXXXXXXX Air Force Base initiated a LOD determination on March 17, 2011, which was approved by the active duty commander on April 5, 2011. The supporting medical documentation was received by the Readiness Management Group Surgeon General Office (RMG/SG) and entered into the Automated Line of Duty (ALOD) database system for LOD processing on April 15, 2011. XXXXXXXXXX received surgery on April 27, 2011. This surgery had not received prior approval as required by Air Force Instruction 41-210, Patient Administration Functions. Per paragraph 10.1.2.4.1.; “For ARC [Reserve] personnel, the appropriate ARC/SGP (see paragraph 10.12), is the approval authority for Assignment Limitation Code (ALC-C), medical hold, and non-emergent elective surgery. Active Duty MTFs should contact the appropriate ARC/SGP when confronted with these issues involving ARC [Reserve] personnel.” Elective surgeries require reserve members to sign a memorandum of agreement confirming they are not entitled to continuation orders for convalescent leave or complications resulting from the surgery.
The RMG/SG received a MedCon orders request on May 12, 2011 and forwarded it to the Air Force Medical Operations Agency (AFMOA), the Air Force agency responsible for allocating MedCon orders, on May 16, 2011. AFMOA and the Air Force Manpower Command Man-day Allocation System (CMAS) allocators determined that XXXXXXXXXX condition did not meet the criteria for MedCon orders. Specifically, in accordance with Secretary of the Air Force memorandum dated December 8, 2006, Return to Active Duty of Air Reserve Component Members Unable to Perform Military Duties, XXXXXXXXX LOD had not been finalized. The RMG relayed to/SG relayed this information to XXXXXXXXX on May 23, 2011. (note: that's a bold faced lie.....Maj kindred and lt Col armbrister denied the claim based on the "severity" of the injury....LOD was NOT even mentioned...isn't it a crime to lie to congress?)
If XXXXXXXXXXX believes an error or injustice has occurred, he may apply to the Air Force Board for Correction of Military Records (AFBCMR). The AFBCMR is the highest level of administrative review in the Air Force. The AFBCMR thoroughly reviews all applications to determine the existence of an error or injustice and, when appropriate, makes recommendations to the Secretary of the Air Force to change the record. Submission of an application is not an automatic approval. The AFBCMR determines each case based on the information submitted with the burden of proof resting on the applicant.
To have military records reviewed for correction, XXXXXXXXXX must first submit an application to the Secretary of the Air Force Review Boards Office (SAF/MRBR) for processing to the Air Force Board for Correction of Military Records (AFBCMR). If XXXXXXXXX wants such a review, he should complete the attached Department of Defense Form 149 and send it to:
Secretary of the Air Force (SAF/MRBR)
550 C Street West, Suite 40
Randolph Air Force Base Texas 78150-4742
For XXXXXXXXX convenience, we have attached Air Force Pamphlet 36-2607, Applicants’ Guide to the AFBCMR. In addition, he can obtain more information at
http://ask.afpc.randolph.af.mil/, under the search prompt, type the word AFBCMR.
XXXXXXXXXX has submitted a request for incapacitation pay in accordance with Department of Defense Instructions and Air Force Reserve Command Instruction 36-3004, Incapacitation Pay and Management of Reservist Continued on Active Duty Orders, for incurred lost civilian wages as a result of the LOD injury. His package is currently being processed through the Readiness Management Group and will then be forwarded to Air Force Reserve Command for final approval.
The Chief of Air Force Reserve directed the Air Force Reserve Medical Directorate and Headquarters Air Force Reserve Command Office of the Surgeon General to determine a course of action on case management for Reservists. These agencies are developing a comprehensive plan and revising policy that will streamline the process and provide possible solutions to improve the medical management of Reserve members going through the LOD and/or Disability Evaluation System processes.
We trust this information will be helpful.
Sincerely,
KELLY L. GOGGIN, Colonel, USAF
Chief, Congressional Inquiry Division
Office of Legislative Liaison
Attachments
1. Defense Department Form 149, Application for Correction of Military Records
2. Air Force Pamphlet 36-2607, Applicant’s Guide to the AFBCMR