RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-01218
		COUNSEL:  NONE
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

1.  Her DD Form 214, Certificate of Release or Discharge from 
Active Duty, for the period ending 28 Jun 09, be corrected to 
add her deployment in support of Operation IRAQI FREEDOM 
(Administratively Corrected). 

2.  Her diagnosis of “Invasive Carcinoma” (Breast Cancer) be 
added to her AF Form 356, Findings and Recommended Disposition 
of USAF Physical Evaluation Board, dated 30 Jun 11.

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APPLICANT CONTENDS THAT:

She had back-to-back missions in support of Operation IRAQI 
FREEDOM and did not receive a post-deployment DD Form 214.  

On 8 Aug 11, she was separated and subsequently diagnosed with 
Breast Cancer in Dec 11.  Her doctor stated that due to the size 
of the mass, she would estimate the cancer was present for at 
least six months.

She wants to know if her breast cancer diagnosis changes her 
disability rating or separation from the Air Force.

In support of her request, the applicant provides a personal 
statement, copies of a letter from her civilian medical 
provider, extracts from her medical records, AF Form 356, and 
other various documents in support of her application. 

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

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STATEMENT OF FACTS:

On 24 Sep 08, the applicant underwent a Line of Duty (LOD) 
determination for hyperthyroidism (Grave’s Disease).  On 3 Oct 
08, the physician determined her disease was In the Line of Duty 
(ILOD) and the Staff Judge Advocate concurred with the 
evaluating physician’s recommendation.  On 6 Oct 08, the 
appointing authority concurred with the ILOD recommendation.  

On 22 Jan 09, a MEB was conducted and the applicant was 
diagnosed with Disorders of Thyroid and Degeneration of 
Lumbar/Lumbosacral Intervertebral Disc.  The MEB Report 
recommended that her case be referred to the Physical Evaluation 
Board (PEB).  On 2 Feb 09, the applicant was notified of the 
findings and recommendations of the MEB.  

On 11 Feb 09, the Informal PEB found the applicant unfit for 
Grave’s Disease and low back pain.  The IPEB considered her 
Grave’s Disease, status-post treatment to be a condition that 
could be unfitting but were not currently compensable or ratable 
at the time.  In addition, the IPEB considered her Obesity, Body 
Mass Index 31.2 to be a condition that was not separately 
unfitting and was not compensable or ratable.  

On 13 Feb 09, the applicant’s case was referred to the 
Department of Veterans Affairs (DVA) for a disability 
determination under the Disability Evaluation System (DES) Pilot 
Program.  On 3 Apr 09, the DVA proposed a 40 percent combined 
evaluation for the applicant’s unfit conditions which included 
two other conditions (endometriosis and chronic neck strain) 
that were previously rated by the DVA.  

On 15 Apr 09, the IPEB recommended the applicant be placed on 
the Temporary Disability Retired List (TDRL) with a compensable 
disability rating of 30 percent for hyperthyroidism (Grave’s 
Disease) and low back pain, due to Degenerative Joint Disease of 
Lumbar Spine at L4.  The IPEB opined that the applicant’s 
endometriosis and chronic neck strain did not separately limit 
her ability to do her job and therefore, were not rated. 

On 28 Apr 09, the applicant agreed with the findings and 
recommended disposition of the IPEB and waived her right to a 
Formal PEB (FPEB) hearing.  On 29 Apr 09, officials within the 
Office of the Secretary of the Air Force (OSAF) directed the 
applicant’s name be placed on the TDRL under the provisions of 
Title 10 United States Code (USC) 1202.  

On 28 Jun 09, the applicant was relieved from active duty and 
placed on the TDRL in the grade of Technical Sergeant (TSgt), 
effective 29 Jun 09 with a compensable disability rating of 
30 percent.  She was credited with 10 years, 2 months and 1 day 
of active service for retirement. 

On 11 Mar 11, the applicant was scheduled for her first TDRL re-
evaluation examination.  On 14 Mar 11, the evaluating physician 
recommended the applicant be medically discharged.   

On 29 Apr 11, the IPEB reviewed the applicant’s case, found her 
unfit and recommended she be removed from the TDRL and 
discharged with severance pay with a compensable disability 
rating of 10 percent for chronic law back pain in accordance 
with the Veterans Administration Schedule for Rating 
Disabilities (VASRD) guidelines.  The IPEB noted her medical 
condition had improved since being placed on the TDRL and 
appeared to have stabilized.  In addition, the IPEB noted her 
Grave’s Disease had resolved with treatment and her 
hypothyroidism [sic] was in good control on supplemental thyroid 
hormone.  On 12 May 11, the applicant non-concurred with the 
recommended findings and requested a hearing with counsel before 
the FPEB.  

On 30 Jun 11, the FPEB recommended the applicant be removed from 
the TDRL and discharged with severance pay with a compensable 
disability rating of 10 percent for chronic low back pain in 
accordance with the VASRD guidelines.  The FPEB noted the 
applicant conceded she was unfit for duty and should be 
permanently retired at 20 percent for chronic low back pain and 
10 percent for Grave’s Disease.  The board acknowledged the 
unfitting nature of the applicant’s back pain; however, they 
determined her back condition unfitting for continued military 
service and appropriately rated it at 10 percent.  The board did 
not find the applicant’s hypothyroidism [sic] to be an unfitting 
condition and there was no documentation that her thyroid 
condition was not well controlled with medications otherwise.  
The applicant agreed with the findings and recommended 
disposition of the FPEB.  On 18 Jul 11, the applicant elected to 
be discharged with severance pay.  On 19 Jul 11, officials 
within the OSAF directed the applicant be removed from the TDRL 
and discharged with entitlement to disability severance pay. 

On 8 Aug 11, the applicant was removed from the TDRL and 
discharged in the grade of TSgt by reason of physical disability 
with entitlement to severance pay.  She was credited with 
20 years, 4 months and 13 days for severance pay. 

On 21 Aug 13, ARPC/DPTS corrected the applicant’s DD Form 214 to 
add the Iraq Campaign Medal.  

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AIR FORCE EVALUATION:

AFPC/DPFD recommends denial. The preponderance of evidence 
reflects that no error or injustice occurred during the 
disability process or at the time of removal from the TDRL. 

While the applicant submits medical documentation that she was 
diagnosed with Invasive Carcinoma in Dec 11.  Her doctor wrote a 
letter stating that due to the size of the mass in the breast 
she estimated the cancer was present while the applicant was on 
the TDRL.  However, the applicant was not boarded for breast 
cancer and at the time of her TDRL exam at Wilford Hall Medical 
Center there was no indication of cancer being present.  

This was a condition that developed while the applicant was on 
the TDRL not a condition that she was boarded for while on 
active duty that rendered her unfit for her military position. 



The complete DPFD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In her rebuttal, the applicant requests a review of her records 
for time in service accuracy.  

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

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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 timely filed.

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 
this case; however, we agree with the opinion and recommendation 
of the Air Force OPR and adopt its rationale as the basis for 
our conclusion that the applicant has not been the victim of an 
error or injustice.  We note in the applicant’s rebuttal she 
requests her service dated be reviewed for accuracy; however, 
since this was not included as part of her original application, 
a new DD Form 149, Application for Correction of Military 
Records is required.  In view of the above and in the absence of 
evidence to the contrary, we find no basis to recommend 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. 

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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.

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The following members of the Board considered Docket Number    
BC-2012-01218 in Executive Session on 25 Mar 14, under the 
provisions of AFI 36-2603:

					Panel Chair
					Member
					Member

The following documentary evidence was considered:

    Exhibit A.  DD Forms 149, dated 30 May 13, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPFD, dated 10 Sep 13.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Oct 13.
    Exhibit E.  Email, Applicant, dated 13 Dec 13, w/atchs.




								
								Panel Chair
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