ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBERS:  BC-2010-02555
      COUNSEL:                  
	                 	HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT: 

1.  Her date of separation (DOS) be adjusted by seven months to 
allow her to retire with 20 years of total active service; or; 
allow her back onto active duty to serve at least another seven 
months.  

2.  Block 7 of her Air Force Form 356, dated 5 May 2009, be 
corrected to reflect 19 years rather than 18 years – WITHDRAWN 
SEE EXHIBIT J.  

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STATEMENT OF FACTS:

The applicant is a former member of the Regular Air Force who 
served on active duty and was progressively promoted to the 
grade of master sergeant (E-7).  On 5 May 2009, an Informal 
Physical Evaluation Board (IPEB) reviewed the applicant’s 
medical board for diagnosis of Crohn’s Disease and recommended 
permanent retirement with a disability rating of 30 percent.  On 
11 May 2009, the applicant concurred with the recommendation of 
the IPEB.  As a result, she was released from active duty 
effective 27 July 2009 and medically retired effective 28 July 
2009 with a disability rating of 30 percent.  She served 19 
years, 5 months, and 20 days on active duty.  

On 23 February 2011, the Board considered and partially granted 
the applicant’s initial application.  The Board denied her 
request to change her DOS or to reinstate her to active duty; 
however, the Board approved her request to award her the Defense 
Meritorious Service Medal (DMSM).  For an accounting of the 
facts and circumstances surrounding the applicant’s earlier 
appeal; and, the rationale of the decision by the Board, see the 
Record of Proceedings (ROP) at Exhibit E with Exhibits A through 
D.  

On 29 May 2012, the applicant appealed to the Board for 
reconsideration; however, her request was denied based on the 
fact that her submission did not meet the criteria for 
reconsideration of her appeal.  

On 20 June 2013, the applicant submitted another request for 
reconsideration of her appeal to correct her DOS to allow her a 
20-year active duty retirement or to allow her to return to 
active duty to complete 20 years of active duty service.  In 
addition, the applicant requests Block 7 of her Air Force Form 
356, dated 5 May 2009, be corrected to reflect 19 years rather 
than 18 years.  

On 6 May 2014, the applicant withdrew her request to correct 
Block 7 of her Air Force Form 356 from 18 years to 19 years.  A 
copy of her email request is at Exhibit J.  


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BCMR MEDICAL CONSULTANT’S EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical 
Consultant acknowledges the new medical evidence from the 
applicant’s gastroenterologist and the implicit reasoning or 
premise that had she been diagnosed with Irritable Bowel 
Syndrome or Disease (IBS or IBD), instead of Crohn’s Disease, 
that the decision of the IPEB would have been different or, 
perhaps, an Medical Evaluation Board (MEB) would never have been 
conducted; thus justifying her current desired change of record.  
Also acknowledged is that it is uncommon for an individual to be 
released from military service for medical reasons so close to 
length of service retirement eligibility; particularly if the 
medical condition does not interfere with the individual’s 
duties or alternative duties; or would only result in severance 
pay.  Many who are eligible and undergo an MEB during the 12 
months approaching an approved retirement date are presumed fit 
and are returned to duty.  If the applicant’s condition was IBS, 
her condition was in remission, and she and her commander 
desired retention, the IPEB would likely have found her fit and 
returned her to duty; noting her proximity to retirement.

However, in the case under review, the applicant has not 
supplied clinical objective evidence that her medical condition 
was in remission or the expected durability of that remission.  
Instead, the limited supplied medical evidence suggests the 
applicant’s medical condition did interfere with her ability to 
perform her military duties; albeit exacerbated by external 
occupational stressors beyond her span of control.  While 
refuting a statement in the Commander’s Recommendation Letter 
alleging that she “requested to be moved and given minimal 
duties in civil engineering, commensurate with those of a junior 
airman, the applicant did not refute the portion stating “It is 
apparent that even the most routine stressors in the office 
environment cause her severe mental and physical debilitation.”  
The fitness to serve was not necessarily brought into question 
based solely upon the possible errant nomenclature (Crohn’s 
Disease) assigned to her medical condition, but that other 
clinical factors, to include her poor response to treatment 
efforts and the history of recurrent exacerbations due to 
external stressors, contributed significantly to the unfit 
decision by the IPEB.  Even if the applicant’s diagnosis was IBS 
instead of Crohn’s Disease, her retainability would still likely 
have been brought into question and could very well have 
resulted in an MEB and an unfit finding.  There is no evidence 
to indicate the applicant argued for being returned to duty, as 
it was her right to do in rebuttal to the MEB; and prior to any 
IPEB action.  While there may have been an error in her clinical 
diagnosis assigned during her military service, based upon the 
opinion of her current gastroenterologist, the burden of proof 
has not been met to justify supplanting her unfit finding and 
medical retirement with an extension of her military service 
until she reaches (or would have reached) length of service 
retirement eligibility or to change her retirement date to 28 
February 2010.  

A complete copy of the BCMR Medical Consultant’s evaluation, 
with attachment, is at Exhibit G.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The Medical Consultant appears to agree with her position 
regarding the misdiagnosis of her medical condition of Crohn’s 
Disease, which lead to her medical retirement.  However, the 
Medical Consultant’s opinion that she could have been medically 
retired anyway, even if she had not been misdiagnosed is purely 
speculative.  She is submitting a legal brief from her attorney 
as well as four letters providing the opposite and far more 
credible opinions of three Air Force officers and a Chief Master 
Sergeant, highly qualified to state an opinion on the issue.  
Granted she could well have been prevented from reaching 20 
years of service by all kinds of things, but that does remedy 
the error made in her medical retirement.  

She has never been crippled by her disease, but almost by the 
treatment of it.  She was put on 72-hours quarters once because 
she was on a high dose of steroids that her body reacted badly 
to, but that is only because her disease was not showing any 
signs of remission.  She worked full shifts and was rarely 
absent while working at her military job.  Her health improved 
after changing positions and her symptoms are almost gone.  She 
has performed in civilian jobs since being medically retired 
which are just as demanding, if not more so, than those she held 
on active duty, thus showing she is medically fit to work.  

The applicant’s complete rebuttal, with attachments, is at 
Exhibit I.  

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THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

3.  We note that on two previous occasions, the Board has denied 
the applicant’s request to correct her record to change her date 
of separation or to reinstate her to active duty.  However, 
after thoroughly reviewing the additional documentation 
submitted in support of her appeal, we believe the applicant has 
overcome the rationale expressed in previous decisions.  After a 
review of the additional documentation, we have reached a 
conclusion different from the BCMR Medical Consultant in this 
matter.  We are persuaded the applicant has provided the 
necessary and appropriate documentation to sustain her burden 
that she has been the victim of an error or injustice and that 
it is likely that she was misdiagnosed with Crohn’s disease.  
Although the applicant did experience medical issues, we believe 
given her close proximity to a length of service retirement, she 
would have likely been retained on active duty until she reached 
retirement eligibility if not for her misdiagnosis of Crohn’s 
disease.  Our reasoning is supported by the BCMR Medical 
Consultant’s comments that it is uncommon for an individual to 
be released from military service for medical reasons so close 
to a length of service retirement eligibility.  Additionally, 
based on the numerous letters of support that conclude her 
referral to a MEB/PEB would not have occurred if not for the 
misdiagnosis, we believe the applicant would have continued to 
serve.  Therefore, based on the foregoing, we believe a 
preponderance of the evidence presented warrants favorable 
consideration of her request and recommend her records be 
corrected to the extent indicated below.  With regard to the 
applicant’s request to correct Block 7 of her Air Force Form 
356, dated 5 May 2009, to reflect 19 years rather than 18 years, 
we note the applicant has withdrawn this request effective 6 May 
2014.  Therefore, Board action on this request is not required.

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.

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THE BOARD RECOMMENDS THAT:

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

      a. She was not found unfit for duty on 5 May 2009 by an 
Informal Physical Evaluation Board and medically retired on 
27 July 2009, but was continued on active duty through 28 February 
2010.
      
      b. She was released from active duty on 28 February 2010 
and retired with a length of service retirement effective 1 
March 2010.  

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The following members of the Board considered AFBCMR Docket 
Number BC-2010-02555 in Executive Session on 20 March 2014, 
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 AFBCMR Docket Number BC-2010-
02555 was considered:

Exhibit E.  Record of Proceedings, dated 21 Mar 11, with 
atchs A through D.  
Exhibit F.  DD Form 149, dated 20 Jun 13 w/atchs.
Exhibit G.  Letter, BCMR Medical Cnslt, dated 5 Nov 13, 
		w/atch.
Exhibit H.  Letter, SAF/MRBC, dated 7 Nov 13.
Exhibit I.  Letter, Applicant, dated 6 Dec 13, w/atchs.
Exhibit J.  Email, Applicant, dated 6 May 14.




                
Panel Chair