RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01218 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: 1. Her DD Form 214, Certificate of Release or Discharge from Active Duty, for the period ending 28 Jun 09, be corrected to add her deployment in support of Operation IRAQI FREEDOM (Administratively Corrected). 2. Her diagnosis of “Invasive Carcinoma” (Breast Cancer) be added to her AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, dated 30 Jun 11. ________________________________________________________________ _ APPLICANT CONTENDS THAT: She had back-to-back missions in support of Operation IRAQI FREEDOM and did not receive a post-deployment DD Form 214. On 8 Aug 11, she was separated and subsequently diagnosed with Breast Cancer in Dec 11. Her doctor stated that due to the size of the mass, she would estimate the cancer was present for at least six months. She wants to know if her breast cancer diagnosis changes her disability rating or separation from the Air Force. In support of her request, the applicant provides a personal statement, copies of a letter from her civilian medical provider, extracts from her medical records, AF Form 356, and other various documents in support of her application. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: On 24 Sep 08, the applicant underwent a Line of Duty (LOD) determination for hyperthyroidism (Grave’s Disease). On 3 Oct 08, the physician determined her disease was In the Line of Duty (ILOD) and the Staff Judge Advocate concurred with the evaluating physician’s recommendation. On 6 Oct 08, the appointing authority concurred with the ILOD recommendation. On 22 Jan 09, a MEB was conducted and the applicant was diagnosed with Disorders of Thyroid and Degeneration of Lumbar/Lumbosacral Intervertebral Disc. The MEB Report recommended that her case be referred to the Physical Evaluation Board (PEB). On 2 Feb 09, the applicant was notified of the findings and recommendations of the MEB. On 11 Feb 09, the Informal PEB found the applicant unfit for Grave’s Disease and low back pain. The IPEB considered her Grave’s Disease, status-post treatment to be a condition that could be unfitting but were not currently compensable or ratable at the time. In addition, the IPEB considered her Obesity, Body Mass Index 31.2 to be a condition that was not separately unfitting and was not compensable or ratable. On 13 Feb 09, the applicant’s case was referred to the Department of Veterans Affairs (DVA) for a disability determination under the Disability Evaluation System (DES) Pilot Program. On 3 Apr 09, the DVA proposed a 40 percent combined evaluation for the applicant’s unfit conditions which included two other conditions (endometriosis and chronic neck strain) that were previously rated by the DVA. On 15 Apr 09, the IPEB recommended the applicant be placed on the Temporary Disability Retired List (TDRL) with a compensable disability rating of 30 percent for hyperthyroidism (Grave’s Disease) and low back pain, due to Degenerative Joint Disease of Lumbar Spine at L4. The IPEB opined that the applicant’s endometriosis and chronic neck strain did not separately limit her ability to do her job and therefore, were not rated. On 28 Apr 09, the applicant agreed with the findings and recommended disposition of the IPEB and waived her right to a Formal PEB (FPEB) hearing. On 29 Apr 09, officials within the Office of the Secretary of the Air Force (OSAF) directed the applicant’s name be placed on the TDRL under the provisions of Title 10 United States Code (USC) 1202. On 28 Jun 09, the applicant was relieved from active duty and placed on the TDRL in the grade of Technical Sergeant (TSgt), effective 29 Jun 09 with a compensable disability rating of 30 percent. She was credited with 10 years, 2 months and 1 day of active service for retirement. On 11 Mar 11, the applicant was scheduled for her first TDRL re- evaluation examination. On 14 Mar 11, the evaluating physician recommended the applicant be medically discharged. On 29 Apr 11, the IPEB reviewed the applicant’s case, found her unfit and recommended she be removed from the TDRL and discharged with severance pay with a compensable disability rating of 10 percent for chronic law back pain in accordance with the Veterans Administration Schedule for Rating Disabilities (VASRD) guidelines. The IPEB noted her medical condition had improved since being placed on the TDRL and appeared to have stabilized. In addition, the IPEB noted her Grave’s Disease had resolved with treatment and her hypothyroidism [sic] was in good control on supplemental thyroid hormone. On 12 May 11, the applicant non-concurred with the recommended findings and requested a hearing with counsel before the FPEB. On 30 Jun 11, the FPEB recommended the applicant be removed from the TDRL and discharged with severance pay with a compensable disability rating of 10 percent for chronic low back pain in accordance with the VASRD guidelines. The FPEB noted the applicant conceded she was unfit for duty and should be permanently retired at 20 percent for chronic low back pain and 10 percent for Grave’s Disease. The board acknowledged the unfitting nature of the applicant’s back pain; however, they determined her back condition unfitting for continued military service and appropriately rated it at 10 percent. The board did not find the applicant’s hypothyroidism [sic] to be an unfitting condition and there was no documentation that her thyroid condition was not well controlled with medications otherwise. The applicant agreed with the findings and recommended disposition of the FPEB. On 18 Jul 11, the applicant elected to be discharged with severance pay. On 19 Jul 11, officials within the OSAF directed the applicant be removed from the TDRL and discharged with entitlement to disability severance pay. On 8 Aug 11, the applicant was removed from the TDRL and discharged in the grade of TSgt by reason of physical disability with entitlement to severance pay. She was credited with 20 years, 4 months and 13 days for severance pay. On 21 Aug 13, ARPC/DPTS corrected the applicant’s DD Form 214 to add the Iraq Campaign Medal. _______________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFD recommends denial. The preponderance of evidence reflects that no error or injustice occurred during the disability process or at the time of removal from the TDRL. While the applicant submits medical documentation that she was diagnosed with Invasive Carcinoma in Dec 11. Her doctor wrote a letter stating that due to the size of the mass in the breast she estimated the cancer was present while the applicant was on the TDRL. However, the applicant was not boarded for breast cancer and at the time of her TDRL exam at Wilford Hall Medical Center there was no indication of cancer being present. This was a condition that developed while the applicant was on the TDRL not a condition that she was boarded for while on active duty that rendered her unfit for her military position. The complete DPFD evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In her rebuttal, the applicant requests a review of her records for time in service accuracy. The applicant’s complete submission, with attachments, 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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant’s complete submission in judging the merits of this case; however, we agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. We note in the applicant’s rebuttal she requests her service dated be reviewed for accuracy; however, since this was not included as part of her original application, a new DD Form 149, Application for Correction of Military Records is required. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend the relief sought in this application. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 Docket Number BC-2012-01218 in Executive Session on 25 Mar 14, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Forms 149, dated 30 May 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPFD, dated 10 Sep 13. Exhibit D. Letter, SAF/MRBR, dated 15 Oct 13. Exhibit E. Email, Applicant, dated 13 Dec 13, w/atchs. Panel Chair FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 4 3 FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974