RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01532
		INDEX NUMBER:  108.00
	XXXXXXX	COUNSEL:  None

	XXXXXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

Her honorable disability discharge with severance pay be changed to a medical retirement.

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APPLICANT CONTENDS THAT:

In 1998 while she was still on active duty, a thyroidectomy was performed on her.  The physician made an error and also removed her parathyroid glands.  Since then, she has had a problem maintaining a normal balance of calcium, magnesium, and thyroid hormone.  She was subsequently unable to complete her enlistment.

In Sep 03, she was diagnosed with a severe cataract condition in both eyes.  This condition is a side effect of her low calcium levels.  She continues to have problems as a result of the surgery performed while she was in the Air Force.

In support of her appeal, she provides a copy of a letter from her physician giving his opinion of the cause of the applicant’s cataracts and copies of records from the Department of Veterans Affairs (VA) hospital in Philadelphia.

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

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STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 21 Nov 95.  As a result of a total thyroidectomy performed on the applicant in Jun 98 and a history of incapacitating mixed headaches, a medical evaluation board (MEB) evaluated the applicant for determination of qualifications for worldwide duty.  The MEB recommended the applicant meet an informal physical evaluation board (IPEB).  On 12 Nov 98, the IPEB diagnosed the applicant as having the unfitting condition of mixed-migraine headaches, which existed prior to service (EPTS) with service aggravation.  The applicant was also diagnosed with the condition of surgical hypothyroidism post thyroidectomy Jun 98 for probable follicular thyroid cancer.  This condition was not determined to be currently ratable or compensable.  It was recommended the applicant be discharged with severance pay with a compensable rating of 10 percent.  The applicant signed the AF Form 1180 (Action on Physical Evaluation Board Findings and Recommended Disposition) on 18 Nov 98 and indicated her agreement with the findings and recommended disposition of her case and waived her right to a formal PEB.  The applicant was discharged on 11 Jan 99 and received disability severance pay in the amount of $5,643.77.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial of the applicant’s request.  The applicant underwent total thyroidectomy in Jun 98 for multiple thyroid nodules suspicious for thyroid cancer.  She experienced a common problem associated with the surgical removal of the thyroid gland, the removal of the parathyroid glands.  Loss of the parathyroid glands results in low calcium levels and requires a regimen of oral replacement of calcium, magnesium, and vitamin D to maintain normal calcium levels.  The applicant’s military records show her calcium levels were satisfactorily normalized within two months of surgery and that thyroid hormone levels were also normalized with oral replacement therapy.  The records also show the applicant was unfit for continued military service due to migraine headaches.  Her hypothyroidism and hypoparathyroidism, which were successfully treated with replacement therapy, were not unfitting for continued military service.

The military disability evaluation system under Title 10 can, by law, only offer compensation for those diseases or injuries which specifically rendered a member unfit for continued active service and caused termination of their career.  Compensation can only be awarded for the degree of impairment present at the time of separation and not based on future possibilities.  At the time of her evaluation, the only condition that rendered the applicant unfit for military service was migraine headaches rated at 10 percent resulting in disability discharge with severance pay.  She had not yet developed symptomatic cataracts.

The VA system, which operates under Title 38, is chartered to offer compensation and care to all eligible veterans for any service connected disease or injury without regard to whether it was unfitting for continued military service.  The VA is also empowered to reevaluate veterans periodically for the purpose of changing their disability awards if their level of impairment varies over time.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 24 Jan 05 for review and comment within 30 days.  To date, a response has not been received.

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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 the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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-2004-01532 in Executive Session on 2 March 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, BCMR Medical Consultant,
                dated 18 Jan 05.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Jan 05.