RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04638 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be returned to active duty status so he can be processed for a Medical Evaluation Board (MEB). APPLICANT CONTENDS THAT: Prior to his discharge, he reported medical symptoms relating to his testicle. He was given a referral to see a urologist; however, an appointment was not available until after his discharge from the Air Force. He was diagnosed with cancer several weeks after his discharge. The Air Force Reserve Command (AFRC) concluded that he should not have been released from active duty due to his pending medical issues, but should have been processed through a MEB. In support of his request, the applicant provides copies of his DD Forms 214, Certificate of Release or Discharge from Active Duty; AF IMT 1288, Application for Ready Reserve Assignment; Memorandum from the Air Force Recovery Care Coordinator, medical records, Department of Veterans Affairs (DVA) rating decision, and various other documents associated with his request. His complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 20 October 2009, the applicant enlisted in the Regular Air Force. On 15 April 2012, the applicant was discharged from active duty with service characterized as honorable. His narrative reason for separation is “Intradepartmental Transfer.” He served on active duty for 2 years, 5 months and 26 days. In May 2012, he was diagnosed with testicular cancer. On 20 March 2013, the DVA assigned the applicant a 100 percent disability rating for his “malignant neoplasm.” He was also assigned a 10 percent disability rating for peripheral neuropathy of his left and right foot. In a letter dated 23 September 2013, the Recovery Care Coordinator stated that in November 2011, the applicant began reporting medical symptoms regarding his testicle. He was given a referral to see a urologist; however, he was told there were no available appointments until after his pending discharge date. AIR FORCE EVALUATION: ARPC/SG does not recommend relief in the form of returning the applicant to active duty status. Rather, they recommend the applicant’s medical records undergo a local initial review in lieu of a board in order to determine if he should be returned to military duty. If he is disqualified for continued military duty, he will be entitled to enter the Disability Evaluation System (DES) based on his testicular cancer which is presumptively in line of duty from his active duty service. If, at that point, it is determined that he should enter the DES, then his previous supporting Military Treatment Facility should manage him through that process. The complete SG evaluation is at Exhibit B. The BCMR Medical Consultant recommends amending the applicant’s record to reflect he was found unfit and placed on the Temporary Disability Retired List (TDRL) with a 100 percent disability rating, under the hyphenated Veterans Administration Schedule for Rating Disabilities (VASRD) code 7524-7528, effective 15 April 2012. In order to make an appropriate current TDRL reassessment, the Medical Consultant recommends the applicant receive updated evaluations by a neurologist and an oncologist, as soon as practicable. Alternatively, the applicant may supply existing evidence from the DVA or any civilian sources, if not greater than 90 days old that more closely reflects his current clinical status. These evaluations should then be provided to the Board for a recommended final disposition. The complete BCMR Medical Consultant’s evaluation is at Exhibit D. APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 15 May 2014, copies of the Air Force and BCMR Medical evaluations were forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ? 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 to warrant the applicant’s return to active duty status so he can be processed for an MEB. After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we agree with the opinion and recommendation of AFRC/SG and adopt its rationale as the basic for our conclusion the applicant has not been the victim of an error or injustice. In view of the above and in the absence of evidence to the contrary, we find no basis to favorably consider this portion of the applicant’s request. 4. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting a degree of relief. While the applicant was being assessed medically to determine the severity of his medical condition, he was given a consult to a urologist; however, this appointment was not available until after his discharge from active duty. He was diagnosed with testicular cancer shortly after his discharge. Therefore, we agree with the BCMR Medical Consultant’s alternative form of relief that the applicant’s name be placed on the TDRL so that he can be properly assessed and a determination made as to what his final disposition should be. Accordingly, we recommend his records be corrected to the extent indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that: a. On 14 April 2012, he was found unfit to perform the duties of his office, rank, grade or rating by reason of physical disability, incurred while he was entitled to receive basic pay; that the diagnosis of his condition was testicular cancer, metastatic VASRD code 7524-7528, rated at 100 percent; that the disability was not due to intentional misconduct or willful neglect; that the disability was not incurred during a period of unauthorized absence; and that the disability was not the direct result of armed conflict or caused by an instrumentality of war. b. On 15 April 2012, he was not honorably discharged for Intradepartmental Transfer, but on 16 April 2012, his name was placed on the Temporary Disability Retired List. c. He be re-evaluated by a neurologist and an oncologist, as soon as practicable, for the purpose of determining his current clinical status and to assess the presence of any residual functional impairment resulting from either his testicular cancer or its treatment; he may alternatively supply medical assessments conducted by the DVA or other civilian sources, if no greater than 90 days old, that may more closely reflect his current clinical status in lieu of acquiring new clinical evaluations. It is further recommended that all requested medical documentation be provided to the Air Force Board for Correction of Military Records, as soon as available, in order to reach an appropriate final disposition of the applicant’s case. The following members of the Board considered this application in Executive Session on 29 July 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence was considered in AFBCMR BC-2013- 04638: Exhibit A. DD Form 149, dated 25 September 2013, w/atchs. Exhibit B. Letter, AFRC/SG, dated 12 November 2013. Exhibit C. Letter, BCMR Medical Consultant, dated 28 April 2014. Exhibit D. Letter, SAF/MRBR, dated 15 May 2014.