RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01467
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her late husbands records be changed to reflect a medical
retirement rather than retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her husband experienced serious medical issues prior to his
retirement and had visited the medical treatment facility many
times and was never diagnosed. He exhibited a dramatic change in
his psychological and physical health. Her husband did not
receive a physical and retired on 1 September 2009 and died from
leukemia on 8 January 2010.
In support of her request, the applicant provides medical
documentation, death certificate and a Department of Veterans
Affairs Rating Decision.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was relieved from active duty on 31 August 2009 and
retired from the Air Force on 1 September 2009, having served
22 years and 18 days on active duty.
The remaining relevant facts pertaining to this application,
extracted from the applicants military personnel records, are
contained in the letter prepared by the appropriate office of the
Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant recommends denial. The AFBCMR
Medical Consultant states the physical findings, complaints, and
laboratory data supplied, from 2002 and 2004, records of the
applicants complicated gall bladder surgery, as well as his
diverticulosis, and thereafter, do not reflect an overt presence
of information that was diagnostic of or indicative upon a
developing Acute Myelogenous Leukemia. Additionally, neither of
the conditions, at the time of retirement, would have overcome
the presumption that the former member was fit for military
service at the time of retirement. Meaning if he had a Medical
Evaluation Board for the conditions diagnosed at retirement, he
more likely than not would have been found fit and returned to
duty to proceed with his length of service retirement.
If the applicants Acute Myelogenous Leukemia was diagnosable
within the 12 months of his planned retirement, he more likely
than not would have undergone an MEB and been referred to a
Physical Evaluation Board (PEB) followed by his placement on the
Temporary Disability Retired List (TDRL). His records show that
the condition was not diagnosable at the time of discharge e.g.,
nothing to trigger a bone marrow biopsy; which suggests that the
former member acquired a serious infection after leaving military
service that overwhelmed his immune system resulting in sepsis
and the delayed discovery of Acute Myelogenous Leukemia. No
hospital or pathological reports are provided, other than the
Certificate of Death that discuss these findings, nor the order
or means in which either condition was diagnosed.
With reference to the former members psychological status, the
record shows a long-standing history of anxiety disorder,
beginning in 2000, that is also not diagnostic of or indicative
of an underlying malignancy affecting cognitive or behavioral
functioning.
The burden of proof has not been met for the existence of a
material error or injustice that warrants a change in the record.
The AFBCMR Medical Consultants complete evaluation is at Exhibit
C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 28 October 2010, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within 30 days
(Exhibit D). As of this date, this office has received no
response.
_________________________________________________________________
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. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and the
recommendation of the AFBCMR Medical Consultant and adopt his
rationale as the basis for our conclusion the applicant has
failed to sustain her burden of proof of the existence of an
error or injustice. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting 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 the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2010-01467 in Executive Session on 14 December 2010,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-01467 was considered:
Exhibit A. DD Form 149, dated 16 April 2010, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFBCMR Medical Consultant,
dated 25 October 2010.
Exhibit D. Letter, SAF/MRBR, dated 28 October 2010.
Panel Chair
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