RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01532
INDEX NUMBER: 108.00
XXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her honorable disability discharge with severance pay be changed to a
medical retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In 1998 while she was still on active duty, a thyroidectomy was
performed on her. The physician made an error and also removed her
parathyroid glands. Since then, she has had a problem maintaining a
normal balance of calcium, magnesium, and thyroid hormone. She was
subsequently unable to complete her enlistment.
In Sep 03, she was diagnosed with a severe cataract condition in both
eyes. This condition is a side effect of her low calcium levels. She
continues to have problems as a result of the surgery performed while
she was in the Air Force.
In support of her appeal, she provides a copy of a letter from her
physician giving his opinion of the cause of the applicant’s cataracts
and copies of records from the Department of Veterans Affairs (VA)
hospital in Philadelphia.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Air Force on 21 Nov 95. As a
result of a total thyroidectomy performed on the applicant in Jun 98
and a history of incapacitating mixed headaches, a medical evaluation
board (MEB) evaluated the applicant for determination of
qualifications for worldwide duty. The MEB recommended the applicant
meet an informal physical evaluation board (IPEB). On 12 Nov 98, the
IPEB diagnosed the applicant as having the unfitting condition of
mixed-migraine headaches, which existed prior to service (EPTS) with
service aggravation. The applicant was also diagnosed with the
condition of surgical hypothyroidism post thyroidectomy Jun 98 for
probable follicular thyroid cancer. This condition was not determined
to be currently ratable or compensable. It was recommended the
applicant be discharged with severance pay with a compensable rating
of 10 percent. The applicant signed the AF Form 1180 (Action on
Physical Evaluation Board Findings and Recommended Disposition) on 18
Nov 98 and indicated her agreement with the findings and recommended
disposition of her case and waived her right to a formal PEB. The
applicant was discharged on 11 Jan 99 and received disability
severance pay in the amount of $5,643.77.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial of the applicant’s
request. The applicant underwent total thyroidectomy in Jun 98 for
multiple thyroid nodules suspicious for thyroid cancer. She
experienced a common problem associated with the surgical removal of
the thyroid gland, the removal of the parathyroid glands. Loss of the
parathyroid glands results in low calcium levels and requires a
regimen of oral replacement of calcium, magnesium, and vitamin D to
maintain normal calcium levels. The applicant’s military records show
her calcium levels were satisfactorily normalized within two months of
surgery and that thyroid hormone levels were also normalized with oral
replacement therapy. The records also show the applicant was unfit
for continued military service due to migraine headaches. Her
hypothyroidism and hypoparathyroidism, which were successfully treated
with replacement therapy, were not unfitting for continued military
service.
The military disability evaluation system under Title 10 can, by law,
only offer compensation for those diseases or injuries which
specifically rendered a member unfit for continued active service and
caused termination of their career. Compensation can only be awarded
for the degree of impairment present at the time of separation and not
based on future possibilities. At the time of her evaluation, the
only condition that rendered the applicant unfit for military service
was migraine headaches rated at 10 percent resulting in disability
discharge with severance pay. She had not yet developed symptomatic
cataracts.
The VA system, which operates under Title 38, is chartered to offer
compensation and care to all eligible veterans for any service
connected disease or injury without regard to whether it was unfitting
for continued military service. The VA is also empowered to
reevaluate veterans periodically for the purpose of changing their
disability awards if their level of impairment varies over time.
The complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
24 Jan 05 for review and comment within 30 days. To date, a response
has not been received.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
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 the case;
however, we agree with the opinion and recommendation of the BCMR
Medical Consultant and adopt his rationale as the basis for our
conclusion the applicant has not been the victim of an error or
injustice. Therefore, in the absence of evidence to the contrary, we
find no compelling basis to recommend granting the relief sought in
this application.
_________________________________________________________________
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-2004-
01532 in Executive Session on 2 March 2005, under the provisions of
AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Mr. Clarence D. Long, III, Member
Mr. Patrick C. Daugherty, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 May 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, BCMR Medical Consultant,
dated 18 Jan 05.
Exhibit D. Letter, SAF/MRBR, dated 24 Jan 05.
MICHAEL J. NOVEL
Panel Chair
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