RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04677 

 

 COUNSEL: NONE 

 (DECEASED SERVICE MEMBER) 

 HEARING DESIRED: NO 

 (APPLICANT) 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her deceased spouse’s Line of Duty (LOD) determination for his 
active duty period of 3 Jan 11 to 18 Mar 11 be changed to 
reflect in LOD-Yes or LOD-Existed Prior to Service 
(EPTS)/Service Aggravated, versus EPTS-LOD Not Applicable (NA). 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The deceased former member’s melanoma should have been diagnosed 
in 2000 while he was serving on active duty. He noticed a mole 
that appeared to have changed in size and color. He sought 
medical treatment and was told that moles change all the time 
and that is does not necessarily mean they are melanoma. The 
physician did not conduct a biopsy. He was not satisfied with 
the diagnosis and requested that it be documented in his 
records. 

 

Although the service member was ultimately diagnosed with 
melanoma in 2008, he received treatment and was given a clean 
bill of health. It was noted in the service member’s medical 
records that there was no evidence of a recurrence. In addition 
the service member’s 2010 pre-deployment physical reflected he 
was disease free. As such, authorities should not have 
determined that his melanoma existed prior to his service. 

 

In support of the request, the applicant provides copies of 
documents extracted from the service member’s military personnel 
and medical records, a Department of Veterans Affairs Rating 
Decision, and a copy of the service member’s death certificate. 

 

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

 

_________________ ______________________________________________ 

 

 

 

 

 


STATEMENT OF FACTS: 

 

The deceased former service member was ordered to active duty 
for the period 3 Jan 11 to 18 Jun 11 in support of Operation 
ENDURING FREEDOM. 

 

On 9 Mar 11, an LOD Determination was initiated to evaluate the 
service member’s abdominal pain. While deployed to Qatar the 
service member underwent an abdominal/pelvis cat scan which 
resulted in abnormal findings and the service member was 
returned stateside. On 24 May 11, the service member’s medical 
condition was determined to be EPTS-LOD Not applicable. 

 

On 3 Jun 11, the deceased former service member released from 
active duty and reverted to his traditional (part-time) status 
as a member of the Air Force Reserve. He was credited with six 
years, five months, and one day of total active service. 

 

On 18 Jul 11, the service member appealed the findings of the 
LOD. On 13 Sep 11, the service member’s malignant melanoma was 
determined to be EPTS-LOD Not applicable. 

 

On 21 Nov 11, the Department of Veterans Affairs awarded the 
service member a disability rating of 100 percent for his 
service connected melanoma. 

 

On 12 Jan 12, the service member passed away. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFRC/SG recommends denial indicating the finding of EPTS/LOD Not 
Applicable is appropriate and is in accordance with AFI 36-2910, Line of Duty and Misconduct Determinations. Under the provision 
of the AFI a military medical officer must determine whether the 
illness, injury, or disease, or the underlying condition causing 
it, existed prior to the period of service in which the member 
exhibited symptoms. 

 

The service member in this case exhibited symptoms of metastatic 
melanoma early in his active period of service as confirmed by 
the diagnosis of metastatic disease within six weeks of entering 
his period of active service. Since the service member was 
diagnosed so early while on active duty orders that a finding of 
metastatic disease could have only originated during this period 
on active duty orders. 

 

The AFI further states if the determination is made that the 
medical condition existed prior to service, then the military 
medical officer must determine whether the condition has been 
aggravated by military service. Given the location of this 
melanoma on the lower abdomen, military induced conversion of an 
atypical nevus or melanoma in-situ to a malignant melanoma is 


unlikely as the proper wear of a military uniform, even in 
deployed environments includes at a minimum, trousers and t-
shirt. Thus, there can be no aggravation of this nevus by the 
nature of military duties. 

 

A complete copy of the AFRC/SG evaluation, with attachments, is 
at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 24 Feb 13, for review and comment within 30 days. As of this 
date, no response has been received by this office (Exhibit D). 

 

________________________________________________________________ 

 

ADDITIONAL AIR FORCE EVALUATION: 

 

The AFBCMR Medical Consultant recommends that relief be granted, 
indicating the deceased former member’s skin lesions should have 
been biopsied while he was on active duty in 2000. However, 
years later a lesion in the same area, or the same lesion itself, 
was ultimately diagnosed as melanoma requiring wide excision and 
regional lymph node dissection with several months of 
chemotherapy beginning in 2008. Follow-up assessments over the 
following year showed the service member to be free of disease 
and he was cleared for deployment. However, during his 
deployment period of 3 Jan 11 to 18 Mar 11, he suffered acute 
symptoms that resulted in his return from deployment. The 
Consultant agrees with the assessment by AFRC/SG that the degree 
of disease involvement during the time of the service member’s 
deployment could not have first begun after his period of 
activation in Jan 2011. Additionally, the Consultant agrees with 
the doubt that environmental factors during the service member’s 
previous deployments, particularly sun exposure, was an unlikely 
contributor or aggravating factor in the service member’s 
disease, when considering its location in an area unlikely to be 
sun-exposed. However, in considering the totality of evidence, 
to include the expert opinion of the service member’s oncologist, 
the likelihood of the transformation of a neglected [not by the 
service member] lesion from 2000 during a prior period of 
service, and the decision of the DVA, the Medical Consultant 
recommends granting relief. The relief should be granted under 
the provision in DoDI 1332.38 regarding Prior Service 
impairments, under the revised post-NDAA 2008 Directive Type 
Memorandum, which reads: “Any medical condition incurred or 
aggravated during one period active service or authorized 
training in any of the Armed Forces that recurs, is aggravated, 
or otherwise causes the member to be unfit, should be considered 
incurred in the LOD, provided the origin of such impairment or 
its current state is not due to the member’s misconduct or 
willful negligence, or progresses to unfitness as a result of 


intervening events when the member was not in a duty status.” In 
the case under review, the service member was satisfactorily 
deemed free of disease after his treatment between 2008 and 2009, 
and received periodic follow-up and was cleared for deployment in 
2009. However, his medical condition became disqualifying while 
in a duty status in 2010. 

 

A complete copy of the AFBCMR Medical Consultant’s evaluation is 
at Exhibit E. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 9 Jul 13, for review and comment within 30 days. As of this 
date, no response has been received by this office. 

 

________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by 
existing law or regulations. 

 

2. The application was timely filed. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. The 
applicant contends that her deceased husband’s melanoma should 
have been found to be incurred in the line of duty (LOD). We 
note the differing opinions of the Air Force office of primary 
responsibility and the AFBCMR Medical Consultant; however, we 
concur with opinion and recommendation of the AFBCMR Medical 
Consultant and adopt his rationale as the basis for our 
conclusion that relief should be granted. In our view, the 
deceased former member’s melanoma should have been diagnosed in 
2000 and said diagnosis should have formed the basis for a 
determination that the resurgence of his melanoma during the 
contested deployment constituted an unfitting condition for 
which the deceased former member should have ultimately been 
permanently retired for physical disability. Therefore, we 
recommend his records be corrected as indicated below. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to the DECEASED FORMER SERVICE MEMBER be corrected to 
reflect that: 

 

a. On 2 June 2011, he was found unfit to perform the duties 
of his office, rank, grade, or rating by reason of physical 


disability, incurred while he was entitled to receive basic pay; 
that the diagnosis in his case was metastatic melanoma, VASRD 
code 7833, that the total compensable percentage was 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. He was not released from active duty on 3 June 2011, but 
on 4 June 2011 his name was placed on the Permanent Disability 
Retired List. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-04677 in Executive Session on 18 Jul 13, under 
the provisions of AFI 36-2603: 

 

 , Chair 

 , Member 

 , Member 

 

All members voted to correct the records as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 26 Sep 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFRC/SGP, dated 7 Feb 13, w/atch. 

 Exhibit D. Letter, SAF/MRBR, dated 24 Feb 13. 

 Exhibit E. Letter, AFBCMR Medical Consultant, dated 

 9 Jul 13. 

 Exhibit F. Letter, SAF/MRB, dated 9 Jul 13, w/atch. 

 

 

 

 

 

 Chair