RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00019 

 COUNSEL: 

 HEARING DESIRED: YES 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. She be permanently retired with a 60 percent disability 
rating. 

 

2. She receive back pay and allowances effective her retirment 
date. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

In a four page supplemental statement, the applicant’s attorney 
makes the following key contentions: 

 

1. In 1991, she was diagnosed and treated for papillary 
adenocarcinoma of the thyroid gland. She had a relapse of the 
papillary thyroid cancer in Apr 05. On 7 Jun 07, a line of duty 
(LOD) determination was made and it was determined “in the line 
of duty.” 

 

2. On 12 August 2008, AFRC/A1BB reviewed and recommended the 
applicant’s request to be kept on active duty while she was being 
evaluated by the disability evaluation system (DES) be approved; 
the AFBCMR approved her request. 

 

3. She met a Formal Physical Evaluation Board (FPEB) which 
awarded her a 60 percent disability rating and recommended her to 
be permanently retired for recurrent thyroid papillary carcinoma, 
status post tyroidectomy/radiation, with residuals of mood 
disorder secondary to medical condition, chronic fatigue and 
weakness, and eptophoria. 

 

4. Subsequently, she was denied placement on the PDRL with 
60 percent disability because her high year tenure (HYT - Feb 08) 
and mandatory separation date (MSD - Apr 08) were coming up. 
AFPC does not acknowledge that there was an MSD issue; therefore, 
the applicant does not address this issue. However, AFPC 
acknowledges there was a HYT issue that would have caused a 
problem since it was within one year of when her medical 
conditions manifested in 2007. The aforementioned statement is 
factually inaccurate given that the FPEB said the applicant had 
been on medical hold since Sep 06 and was unfit for duty. Note: 
her HYT was actually Jul 08 and not Feb 08 as reported by AFPC. 

 


5. She had not performed duty in her Air Force Specialty Code 
(AFSC) for over three year due to being physically unable to work 
in that field. 

 

6. The presumption of fitness does not apply to her because the 
presumption was overcome by deterioration of her chronic 
condition and her inability to perform assigned duties befitting 
her grade, rank, or rating. 

 

7. For further detailed information concerning the applicant’s 
contentions see her attorney’s supplemental statement attached to 
her original request. 

 

Her complete submission, with attachments, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Applicant enlisted in the Air Force Reserve (AFR) on 28 Jul 75. 
She was progressively promoted to the grade of chief master 
sergeant (E-9), having assumed that grade effective and with a 
date of rank of 1 Sep 03. 

 

On 16 Jul 08, an Informal Physical Evaluation Board (IPEB) 
convened and recommended she be permanently retired with a 
disability rating of 30 percent for mood disorder due to her 
medical condition. The applicant disagreed with the findings of 
the IPEB and appeared before a FPEB on 14 Aug 08, and was found 
unfit for duty for recurrent thyroid papillary carcinoma, status 
post tyroidectomy/radiation, with residuals of mood disorder 
secondary to medical condition, chronic fatigue and weakness, and 
eptophoria. The FPEB recommended her for permanent retirement 
with a 60 percent disability rating. Since the applicant was 
assigned to the Disability Branch within the past two years of 
her DES processing, her case was forwarded to the Air Force 
Personnel Council (SAF/MRBP) for their review and adjudication 
for presumption of fitness IAW the governing AFI. SAF/MRBP 
determined the applicant’s conditions were not incurred during 
the presumptive period; therefore, they returned her to duty for 
the purpose of processing her reserve retirement and medical hold 
termination. 

 

Applicant was discharged from the AFR on 1 Nov 08 after serving 
33 years, 3 months, and 4 days of satisfactory service. She is 
currently awaiting Reserve retired pay at age of 60. 

 

_________________________________________________________________ 

 

 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSD recommends denial. DPSD states the applicant was 
appropriately processed through the DES and the preponderance of 


evidence reveals there was no error or injustice that occurred 
during the processing. 

 

The DPSD complete evaluation is at Exhibit B. 

 

The BCMR Medical Consultant recommends approval. The Medical 
Consultant opines that the preponderance of evidence establishes 
that the applicant was not performing duties befitting of her 
grade, rank, or rating before entering the presumptive period. 
He notes that not only did she have two reoccurrences of her 
cancer; she also developed a secondary mood disorder which he 
believes would have placed an additional burden on her and her 
unit for retention purposes. Therefore, he agrees with the FPEB 
and recommends restoring the recommended findings which consisted 
of permanently retiring the applicant with a 60 percent 
disability rating. 

 

The BCMR Medical Consultant’s complete evaluation is at Exhibit 
E. 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant’s attorney responded by stating they agree with the 
opinion of the BCMR Medical Consultant. 

 

Her attorney’s response is at Exhibit F. 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application was timely filed. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice warranting 
corrective action. Noting the differing opinions between the Air 
Force office of primary responsibility and the AFBCMR Medical 
Consultant regarding the applicant’s request for a medical 
retirement, we are inclined to agree with the AFBCMR Medical 
Consultant’s recommendation. In this regard, it appears if not 
for the applicant’s reported HYT date and presumption of fitness 
determination, she would have been found unfit, as determined by 
previous PEBs, and would have been medically retired. Therefore, 
we agree that reasonable doubt has been established and the 
restoration of the decision rendered by the FPEB be upheld. 
Accordingly, we recommend her records be corrected to the extent 
indicated below. 

 

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 RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT be corrected to show that: 

 

 a. On 14 August 2008, she was found unfit to perform the 
duties of her office, rank, grade, or rating by reason of 
physical disability, incurred while she was entitled to receive 
basic pay; that the diagnosis in her case was recurring thyroid 
papillary carcinoma, status post throidectomy/radiation, with 
residuals of mood disorder secondary to medical condition, 
chronic fatigue and weakness, and eptohoria, VASRD codes 9435, 
6354, and 6025, rated at a total of 55%; the compensable 
percentage was 60%; the degree of impairment was permanent; the 
disability was not due to intentional misconduct or willful 
neglect; the disability was not incurred during a period of 
unauthorized absence; and the disability was not received in the 
line of duty as a direct result of armed conflict or caused by an 
instrumentality of war. 

 

 b. She declined coverage under the Survivor Benefit Plan 
(SBP) based on full retired pay. 

 

 c. On 15 August 2008, she was retired by reason of physical 
disability under the provisions of AFI 36-3212, rather than 
retired awaiting Retired pay at age 60. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2009-00019 in Executive Session on 29 Sep 09, under the 
provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

 

All members voted to correct the records, as recommended. The 
following documentary evidence for Docket Number BC-2009-00019 
was considered: 

 

 Exhibit A. DD Form 149, dated 5 Jan 09, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSD, dated 10 Feb 09. 

 Exhibit D. Letter, SAF/MRBR, dated 27 Feb 09. 

 Exhibit E. Letter, BCMR Medical Consultant, dated 29 Jun 09. 

 Exhibit F. Letter, AFBCMR, dated 16 Sep 09. 

 Exhibit G. Letter, Counsel, dated 17 Sep 09. 

 

 

 

 Panel Chair