RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02259
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His diagnosis of follicular carcinoma of the thyroid, with
subsequent total thyroidectomy, be included in his Air Force
disability rating computation.
_______________________________________________________________
APPLICANT CONTENDS THAT:
His misdiagnosed sleep apnea was used during his Medical
Evaluation Board (MEB) process.
His diagnosis of follicular carcinoma of the thyroid should
have been used for the MEB.
In support of his request, the applicant provides copies of his
medical records and a statement from the Endocrinology,
Diabetes and Metabolism clinic.
The applicant's complete submission, with attachments, is at
Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
Special Order ACD-00787 issued 11 Mar 2009 established 26 May
2009 as the applicants temporary retirement date. He was
subsequently permanently retired in the grade of technical
sergeant via Special Order ACD-01300 on 5 May 2010 with an
effective date of 25 May 2010.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the Air Force at Exhibits C and E.
_______________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSD recommends denial of the applicant's request to
have his condition included in his Air Force disability rating
computation. Conversely, DPSD agrees with the applicant's
contention that his condition should have been included in his
original MEB and been reviewed by the IPEB as a potentially
unfitting condition. However, after reviewing new evidence
provided by the applicant pertaining to his thyroid condition,
DPSD does not believe the Informal Physical Evaluation Board
(IPEB) would have found this condition to be separately
unfitting. The IPEB has traditionally not found other members
with this condition unfit for continued military service.
Under Title 10, USC, Physical Evaluation Boards must determine
if a member's condition renders him unfit for continued
military service relating to their office, grade, rank or
rating. In this particular case, his thyroid condition was not
submitted by the MEB as a boardable condition.
HQ AFPC/DPSD states, the IPEB first adjudicated the applicant's
case on 23 Feb 2009. The applicant received an overall rating
of 90 percent for the conditions adjudicated as unfitting by
the IPEB and was placed on the Temporary Disability Retired
List (TDRL). These conditions were all classified as combat
related. The applicant's thyroid condition was not rated by
the IPEB since it was not included in his MEB package.
Additionally, the IPEB did not see other medical documentation
to indicate his thyroid condition was potentially unfitting.
The IPEB reviewed his completed TDRL reevaluation on 19 Apr
2010, and recommended permanent retirement with an overall
disability rating of 80 percent. Since the thyroid condition
was not found to be unfitting during his initial IPEB
adjudication, this condition was not reviewed or rated during
the TDRL reevaluation.
DPSD states, the applicant could have appealed the IPEB
findings to the Formal Physical Evaluation Board. The
applicant did not exercise this appeal right.
The complete DPSD evaluation is at Exhibit C.
The BCMR Medical Consultant recommends the administrative
adjustment of the applicant's AF Form 356, Findings and
Recommended Disposition of the USAF Physical Evaluation Board,
to reflect his thyroid condition was considered by the IPEB,
but with denial of its inclusion as an unfitting condition in
the military disability rating computation; neither initially
or at the time of his removal from the TDRL.
The Medical Consultant agrees the applicant's follicular
carcinoma of the thyroid, and residual requirement for thyroid
replacement should have been considered by the IPEB, but
emphatically believes the condition would not have been found
individually unfitting for inclusion in his military disability
rating computation. The Medical Consultant, otherwise, opines
the applicant has not met the burden of proof of an error or
injustice that warrants the completely desired change of the
record.
The Consultant opines the condition should have been included
in the MEB, even if only to document that the condition
existed, that the applicant had received surgical treatment,
and that he required leva-thyroxine (Synthroid) replacement
therapy; although, again, likely listed among conditions not
considered unfitting on the AF Form 356. Therefore, the
Medical Consultant recommends an administrative correction of
the record amending the applicant's AF Form 356 to reflect the
following listed under Category II, a compensable condition
that is currently not unfitting: "Hypothyroidism, under
replacement therapy (Synthroid), status-post total
thyroidectomy and 1-131 ablation, for follicular carcinoma."
The complete BCMR Medical Consultants evaluation is at Exhibit
E.
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 10 Feb 2012 and 26 Mar 2012, for review and
comment within 30 days. As of this date, this office has
received no response (Exhibits C and E).
_______________________________________________________________
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 of an
error or injustice regarding the applicants request to include
his diagnosis of follicular carcinoma of the thyroid, with
subsequent total thyroidectomy, in his Air Force disability
rating computation. We took notice of the applicant's complete
submission in judging the merits of the case; however, we agree
with the opinions and recommendations of the Air Force offices
of primary responsibility and adopt their rationale as the
basis for our conclusion the applicants condition at the time
of his discharge does not warrant a change in his disability
rating computation.
4. Notwithstanding our findings above, we believe sufficient
evidence has been presented to warrant partial relief. In this
regard, we note the BCMR Medical Consultant recommends the
applicants AF Form 356, be administratively adjusted to add
the applicants medical condition of follicular carcinoma to
Category II of his AF Form 356 and we agree with his assessment
in this case. Therefore, we recommend his records be corrected
to the extent indicated below.
_______________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to reflect his AF Form
356, Findings and Recommended Disposition of USAF Physical
Evaluation Board, dated 23 Feb 2009, Block 9A, Diagnosis,
Category II, Conditions that can be unfitting but are not
currently compensable or ratable: be amended to add
"Hypothyroidism, under replacement therapy (Synthroid), status-
post total thyroidectomy and 1-131 ablation, for follicular
carcinoma.
_______________________________________________________________
The following members of the Board considered this application
in Executive Session on 10 May 2012, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2011-02259:
Exhibit A. DD Form 149, dated 17 May 2011, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSD, dated 26 Jan 2012.
Exhibit D. Letter, SAF/MRBR, dated 10 Feb 2012.
Exhibit E. Letter, BCMR Medical Consultant, dated 26 Mar 2012.
Exhibit F. Letter, SAF/MRBC, dated 26 Mar 2012.
Panel Chair
AFBCMR BC-2011-02259
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force Board for
Correction of Military Records and under the authority of Section 1552, Title 10, United States
Code, it is directed that:
The pertinent military records of the Department of the Air Force relating to the
APPLICANT be corrected to reflect his AF Form 356, Findings and Recommended Disposition
of USAF Physical Evaluation Board, dated 23 Feb 2009, Block 9A, Diagnosis, Category II,
Conditions that can be unfitting but are not currently compensable or ratable: be amended to
add "Hypothyroidism, under replacement therapy (Synthroid), status-post total thyroidectomy
and 1-131 ablation, for follicular carcinoma.
Director
Air Force Review Boards Agency
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