RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04616
(DECEASED) COUNSEL: NONE
(APPLICANT) HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to reflect that on 30 Sep 11 she was
medically retired for permanent disability instead of voluntarily
retired upon sufficient service for retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was discharged from active duty on 1 Oct 11 and one month
later, on 1 Nov 11, she discovered a lump that was later
diagnosed as breast cancer with metastasis to the brain. A
discharge physical was not conducted nor a MRI or mammogram.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from
the applicants master personnel records, are described in the
letter prepared by the Air Force office of primary responsibility
which is included at Exhibit C. Therefore, there is no need to
recite these facts in this record of proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
SAF/BCMR Medical Advisor recommends granting the applicants
request indicating, signs and symptoms of the applicants disease
were identified in the same month of her discharge. The
applicants diagnosis was made shortly after, therefore a Line of
Duty Determination (LOD) was not accomplished. An advanced stage
breast cancer as the applicants was present for a considerable
period of time before her diagnosis. Had the applicants medical
condition been discovered prior to her release from active duty,
and had she received a thorough separation physical, the
preponderance of evidence would have supported existence of an
unfit and a grave disqualifying condition that would have
resulted in a medical retirement. Therefore, applying the
Veterans Affairs Schedule for Rating Disabilities (VASRD) Code
7627, malignant neoplasms of gynecological system or breasts, a
100 percent disability rating would be applied. Since the
applicants medical condition is not expected to improve,
disability retirement is the appropriate course of action.
A complete copy of the SAF/BCMR Medical Advisor evaluation is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicants spouse responded notifying the Board that the
applicant passed away on 25 Oct 12. In support of his response,
he provided a copy of her death certificate indicating the cause
of the applicants death was breast cancer with metastasis to the
brain (Exhibit E).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. The
applicant contends that one month after her retirement, she
discovered a lump that was later diagnosed as breast cancer with
metastasis to the brain. A discharge physical was not conducted
prior to her retirement, nor a MRI or mammogram. After a
thorough review of the evidence of record and the applicants
complete submission, we believe a preponderance of the evidence
supports corrective action. In this respect, we took notice of
the applicant's complete submission in judging the merits of the
case and agree with the opinion and recommendation of the BCMR
Medical Advisor and adopt its rationale as the basis for our
conclusion the applicant has been the victim of an error or
injustice. While we note that the applicant passed away after
submitting her application, we believe correction of her records
is still warranted due to the fact that said correction could
result in the accrual of benefits to her estate. Therefore, we
recommend her records be corrected as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT be corrected to show that:
a. On 30 September 2011, she was found unfit to perform the
duties of her office, rank, grade, or rating by reason of
physical disability, incurred while she was entitled to receive
basic pay; that the diagnosis in her case was malignant neoplasms
of gynecological system or breasts VASRD code 7627, rated at 100
percent; that the degree of impairment was permanent; that the
disability was not due to intentional misconduct or willful
neglect; that the disability was not incurred during a period of
unauthorized absence; and that the disability was not received in
the line of duty as a direct result of armed conflict or caused
by an instrumentality of war.
b. She was not released from active duty on 30 September
2011 and retired for length of service on 1 October 2011, but on
30 September 2011 she was relieved from active duty and
permanently retired for physical disability, effective 1 October
2011.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-04616 in Executive Session on 30 Jul 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Dec 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/BCMR Medical Advisor, dated 18 Mar 13.
Exhibit D. Letter, SAF/MRBC, dated 26 Mar 13.
Exhibit E. Letter, Applicants Spouse, dated 22 Apr 13.
Panel Chair
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