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Failure to Provide Information

angsg edited this page Mar 1, 2018 · 1 revision

Per AFI 48-123 ch. 10.4.2. ARC Member.

  • Each ARC member is responsible for promptly (within 72 hrs) reporting an illness, injury, disease, operative procedure or hospitalization not previously reported to his or her commander or supervisor, and supporting medical facility personnel IAW AFI 36-2910. Any concealment or claim of disability made with the intent to defraud the government results in possible legal action and possible discharge from the ARC.

Per AFI 48-123 ch 10.17.1. Refusal.

  • A member of the ARC with a known medical or dental condition who refuses to comply with a request for medical information or evaluation is considered medically unfit for continued military duty and is referred to their immediate commander for processing IAW AFI 36-3209. Reservists or Guardsmen who fail to provide documents or appear for scheduled appointments are considered to be non-compliant and will be referred to their Commander in writing for administrative separation IAW AFI 36-3209.

Per AFI 10-203 ch 1.4.2. Refusal to obtain medical evaluation or treatment.

  • After evaluation by medical consultants, Airmen who refuse to obtain further medical evaluations or treatment for potentially disqualifying defects, as required or recommended, will be referred by the DAWG to DPANM or ARC SGP as applicable for Initial RILO or Fit for Duty (FFD) determination IAW AFI 41-210. (T-1) DPANM or ARC SGP will consider the Airman’s retainability in the service with the medical condition in its current state and the probability of progression of disease or worsening of the medical condition without the recommended medical treatment. Depending on the final disposition of the case, the Airman may not be eligible for military disability payment and may be subject to involuntary separation under AFI 36-3206, Administrative Discharge Procedures for Commissioned Officer; AFI 36-3208, Administrative Separation of Airmen; AFI 36-3209, or AFI 48-123.

Per AFI 10-250 1.12.4.

  • Takes action when unit members fail to respond to notifications of Due or Overdue IMR requirements or fail to keep scheduled appointments for IMR.

Please note that failure to provide documentation or in a timely fashion falls under AFI 36-3209. AFI 48-123 requires an MDG to submit a waiver application within 365 days. However, for a variety of reasons there are times when a member cannot or does not provide the necessary information. The MDG cannot and should not submit an incomplete waiver application. It is reasonable for an MDG provider to submit a waiver application stating that it is incomplete since the member did not provide all of the required/requested information.

If the member is still under treatment but has not reached a healing plateau, the MDG still has to submit a waiver application for the DQ condition within 365 days, and make recommendations regarding suitability for continued military service.

Again please note under the AFI that it is the commander's responsibility (and not that of the MDG) to insure that the records are provided in a timely fashion. A separation resulting from incomplete records is therefore administrative in nature and not medical. This distinction is critical, since airman may then not be eligible for benefits under the VA system, disability, etc.

Thanks to WI-SAS for this. 1608.16

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