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AF | BCMR | CY2010 | BC-2010-01467
Original file (BC-2010-01467.txt) Auto-classification: Denied
 

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 husband’s 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 applicant’s 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 applicant’s 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 
applicant’s 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 applicant’s 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 member’s 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 Consultant’s 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. Applicant’s 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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