RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-04638
	XXXXXXX	COUNSEL: NONE
		HEARING DESIRED: NO


APPLICANT REQUESTS THAT:

He be returned to active duty status so he can be processed for 
a Medical Evaluation Board (MEB).


APPLICANT CONTENDS THAT:

Prior to his discharge, he reported medical symptoms relating to 
his testicle.  He was given a referral to see a urologist; 
however, an appointment was not available until after his 
discharge from the Air Force.  He was diagnosed with cancer 
several weeks after his discharge.  The Air Force Reserve 
Command (AFRC) concluded that he should not have been released 
from active duty due to his pending medical issues, but should 
have been processed through a MEB.

In support of his request, the applicant provides copies of his 
DD Forms 214, Certificate of Release or Discharge from Active 
Duty; AF IMT 1288, Application for Ready Reserve Assignment; 
Memorandum from the Air Force Recovery Care Coordinator, medical 
records, Department of Veterans Affairs (DVA) rating decision, 
and various other documents associated with his request.

His complete submission, with attachments, is at Exhibit A.


STATEMENT OF FACTS:

On 20 October 2009, the applicant enlisted in the Regular Air 
Force.

On 15 April 2012, the applicant was discharged from active duty 
with service characterized as honorable.  His narrative reason 
for separation is “Intradepartmental Transfer.”  He served on 
active duty for 2 years, 5 months and 26 days.

In May 2012, he was diagnosed with testicular cancer.

On 20 March 2013, the DVA assigned the applicant a 100 percent 
disability rating for his “malignant neoplasm.” He was also 
assigned a 10 percent disability rating for peripheral 
neuropathy of his left and right foot.

In a letter dated 23 September 2013, the Recovery Care 
Coordinator stated that in November 2011, the applicant began 
reporting medical symptoms regarding his testicle.  He was given 
a referral to see a urologist; however, he was told there were 
no available appointments until after his pending discharge 
date.


AIR FORCE EVALUATION:

ARPC/SG does not recommend relief in the form of returning the 
applicant to active duty status.  Rather, they recommend the 
applicant’s medical records undergo a local initial review in 
lieu of a board in order to determine if he should be returned 
to military duty.  If he is disqualified for continued military 
duty, he will be entitled to enter the Disability Evaluation 
System (DES) based on his testicular cancer which is 
presumptively in line of duty from his active duty service.  If, 
at that point, it is determined that he should enter the DES, 
then his previous supporting Military Treatment Facility should 
manage him through that process.

The complete SG evaluation is at Exhibit B.

The BCMR Medical Consultant recommends amending the applicant’s 
record to reflect he was found unfit and placed on the Temporary 
Disability Retired List (TDRL) with a 100 percent disability 
rating, under the hyphenated Veterans Administration Schedule 
for Rating Disabilities (VASRD) code 7524-7528, effective 
15 April 2012.  In order to make an appropriate current TDRL 
reassessment, the Medical Consultant recommends the applicant 
receive updated evaluations by a neurologist and an oncologist, 
as soon as practicable.  Alternatively, the applicant may supply 
existing evidence from the DVA or any civilian sources, if not 
greater than 90 days old that more closely reflects his current 
clinical status.  These evaluations should then be provided to 
the Board for a recommended final disposition.

The complete BCMR Medical Consultant’s evaluation is at Exhibit 
D.


APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 15 May 2014, copies of the Air Force and BCMR Medical 
evaluations were forwarded to the applicant for review and 
comment within 30 days.  As of this date, no response has been 
received by this office (Exhibit D).


?
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 an error or injustice to warrant the 
applicant’s return to active duty status so he can be processed 
for an MEB.  After thoroughly reviewing the evidence of record 
and noting the applicant’s contentions, we agree with the opinion 
and recommendation of AFRC/SG and adopt its rationale as the 
basic for our conclusion the applicant has not been the victim of 
an error or injustice.  In view of the above and in the absence 
of evidence to the contrary, we find no basis to favorably 
consider this portion of the applicant’s request.

4.  Notwithstanding the above, sufficient relevant evidence has 
been presented to demonstrate the existence of error or 
injustice warranting a degree of relief.  While the applicant 
was being assessed medically to determine the severity of his 
medical condition, he was given a consult to a urologist; 
however, this appointment was not available until after his 
discharge from active duty.  He was diagnosed with testicular 
cancer shortly after his discharge.  Therefore, we agree with 
the BCMR Medical Consultant’s alternative form of relief that 
the applicant’s name be placed on the TDRL so that he can be 
properly assessed and a determination made as to what his final 
disposition should be.  Accordingly, 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 show that:

      a.  On 14 April 2012, 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 of his condition was testicular 
cancer, metastatic VASRD code 7524-7528, rated at 100 percent; 
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 
the direct result of armed conflict or caused by an 
instrumentality of war.
      
      b.	On 15 April 2012, he was not honorably discharged for 
Intradepartmental Transfer, but on 16 April 2012, his name was 
placed on the Temporary Disability Retired List.
        
        c.  He be re-evaluated by a neurologist and an 
oncologist, as soon as practicable, for the purpose of 
determining his current clinical status and to assess the 
presence of any residual functional impairment resulting from 
either his testicular cancer or its treatment; he may 
alternatively supply medical assessments conducted by the DVA or 
other civilian sources, if no greater than 90 days old, that may 
more closely reflect his current clinical status in lieu of 
acquiring new clinical evaluations.
        
It is further recommended that all requested medical 
documentation be provided to the Air Force Board for Correction 
of Military Records, as soon as available, in order to reach an 
appropriate final disposition of the applicant’s case.


The following members of the Board considered this application 
in Executive Session on 29 July 2014, under the provisions of 
AFI 36-2603:

 , Panel Chair
 , Member
 , Member

All members voted to correct the record as recommended.  The 
following documentary evidence was considered in AFBCMR BC-2013-
04638:

   Exhibit A.  DD Form 149, dated 25 September 2013, w/atchs.
   Exhibit B.  Letter, AFRC/SG, dated 12 November 2013.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 28 April 
               2014.
   Exhibit D.  Letter, SAF/MRBR, dated 15 May 2014.