RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03440 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

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APPLICANT REQUESTS THAT: 

 

He be granted a medical retirement due to colon cancer. 

 

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APPLICANT CONTENDS THAT: 

 

He was discharged just a few months prior to completing 15 years 
of service. 

 

At the time of his discharge, he did not know a medical 
retirement was possible. 

 

In support of his request, the applicant submits a copy of a 
letter from his attending physician dated 23 April 2003. 

 

The applicant’s complete submission, with attachment, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Air National Guard on 
25 November 1985 and immediately initiated a request to enter 
undergraduate pilot training as an officer of the Air National 
Guard. 

 

On 21 May 1986 the applicant was approved for appointment as a 
Pilot Trainee in the grade of Second Lieutenant. 

 

The applicant served as an F-16 Pilot, and was progressively 
promoted to the rank of Captain, pay grade O-3, with a date of 
rank of 14 November 1990. 

 

The applicant resigned his commission and was separated from the 
Air National Guard, effective 30 April, 1999. He was credited 
with 13 years, 5 months and 4 days of Total Service for Pay. 

 

The relevant facts pertaining to this application, extracted 
from the applicant's master personnel records are described in 
the letter prepared by the Air Force office of responsibility 
which is included at Exhibit C. Therefore, there is no need to 
recite these facts in this Record of Proceedings. 


 

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AIR FORCE EVALUATION: 

 

The AFBCMR Medical Consultant recommends denial. The Medical 
Consultant states a review of the applicant’s supplied service 
treatment records does not reflect the presence of an illness or 
injury that should have been a cause for career termination, or 
one which interfered with his military service. However, the 
applicant has supplied a letter dated 10 April 2003 from a 
physician indicating that the applicant had been under his care 
for rectal cancer and had completed his adjuvant chemotherapy 
“over three years ago.” The physician indicated “at this point 
he has no evidence of cancer’ and that he should be considered 
in a “remission status.” The physician also entered a plan for 
follow-up at six month intervals until the applicant reached the 
“five-year anniversary from the completion of his chemotherapy.” 
The physician concluded, “From my standpoint I would consider 
him to be recovered from the effects of his treatments and to be 
cancer free.” 

 

The letter from the applicant’s oncologist indicates he likely 
underwent initial treatment sometime in Calendar Year (CY) 1999-
2000, or earlier. In order for the applicant to have been 
eligible for a medical retirement, first, it must be determined 
that the medical condition rendered him unfit or disqualified 
him, for further military service; and was the cause of career 
termination. Moreover, if seeking a compensable medical 
retirement, by law, the medical condition must be found in the 
line of duty, determined service-incurred, or permanently 
aggravated by his military service. Under the likely scenario 
that the applicant’s medical condition was non-duty related, 
again his fitness to serve would first be determined. Then if 
disqualified for military service as a result of a non-duty 
related medical condition, the applicant would be eligible for a 
retirement only if he had achieved at least 15 years of 
satisfactory service. 

 

In the applicant’s submission to the Board, he indicates that he 
was “discharged just a few months prior to 15 years.” The 
computation listed on the applicants NGB Form 22, National Guard 
Bureau Report of Separation and Record of Service, indicates he 
achieved 13 years, 5 months and 4 days of satisfactory service. 
The Medical Consultant acknowledges there may be other service 
credit beyond that listed on the NGB 22 and encourages him to 
supply this information; bearing in mind the difficulty in 
setting a precedent of granting time not served along a variable 
[line-in-the-sand] continuum for a population of other former 
service members, merely for the purpose of achieving necessary 
time for retirement eligibility. 

 

Nevertheless, the Medical Consultant is sensitive to the fact 
that had the applicant known of his disease, if it was 


diagnosable at the time, he might not have sought the 
resignation he received or may have achieved the necessary time 
in service for retirement. However, the evidence supplied does 
not reach the burden of proof of an error or injustice that 
warrants the desired change in the record; therefore, the 
Medical Consultant recommends denial of the applicant’s petition 
for a medical retirement. 

 

The complete BCMR Medical Consultant evaluation is at Exhibit C. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the BCMR Medical Consultant evaluation was forwarded 
to the applicant on 18 April 2012 for review and comment within 
30 days (Exhibit D). To date, this office has not received a 
response. 

 

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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 not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of 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 recommendation 
of the BCMR Medical Consultant and adopt his rationale as the 
basis for our conclusion that the applicant has not been the 
victim 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. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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 this application 
BC-2011-03440 in Executive Session on 30 May 2012, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

, Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 19 August 2011, w/atch. 

 Exhibit B. Master Personnel Records. 

 Exhibit C. Letter, BCMR Medical Consultant, dated 

 29 March 2012. 

 Exhibit D. Letter, SAF/MRBR, dated 18 April 2012. 

 

 

 

 

 

 Panel Chair