RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02461
		INDEX CODE:  

	XXXXXXX (DECEASED)	COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He be credited with additional active duty service for the period of 7 Feb 04 – 9 Jul 07.

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APPLICANT CONTENDS THAT:

He should have remained on active duty orders from 7 Feb 04 through 9 Jul 07, until his treatment was resolved.  

Between Mar and Jul 03, he developed Squamous Cell Carcinoma which started as a bump on his right cheek (developing into a mole) while deployed to Iraq in support of Operation IRAQI FREEDOM (OIF).  The development of the skin cancer was due to excessive exposure to the sun.  After completing a second OIF tour, he sought medical attention in May 04.  The mole was removed in Jun 04, and he completed a deployment to Afghanistan in Jul 06.  While deployed, he noticed a lump on the right side of his neck.  The diagnosis of the lump involved the skin cancer which had spread from the mole sight to his lymph nodes.  The treatment of this condition involved a lymphoidectomy and several rounds of chemotherapy and radiation therapy which occurred between Oct 06 and Feb 07.

In support of his appeal, applicant submits an AFRC IMT 348, Informal Line of Duty Determination, dated 6 Apr07; an active duty tour order from 10 Jul 07 – 7 Sep 07, other supporting documents.

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

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STATEMENT OF FACTS:

Applicant, an Air Force Reserve Technical Sergeant (TSgt), was placed on active duty orders for the period 23 Feb 03 – 6 Feb 04.  A Line of Duty Determination (LOD) was initiated on 4 Mar 07 and finalized on 4 Jun 07 as In the Line of Duty (ILOD).  He was placed on continuous active duty orders during the period of 10 Jul 07 – 10 Apr 08 at which time he was permanently disability retired in the grade of TSgt with a compensable percentage for physical disability of 100 percent, effective 11 Apr 08.  Applicant’s AF Form 422, Physical Profile Serial Report indicates he was placed on profile “4,” unable to perform military duties was dated 21 Sep 07.

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AIR FORCE EVALUATION:

HQ AFRC/A1BB reviewed this application and recommends denial.  Applicant was on active duty orders for the period of 23 Feb 03 – 6 Feb 04.  He was treated on 7 May 04 for a malignant melanoma of skin that he developed while deployed to Iraq.  He had no prior history of skin disorders.  An LOD was initiated on 4 Mar 07 and finalized on 4 Jun 07 as ILOD. 

SAF/AA Policy Memorandum provides guidance to return Reserve members unable to perform military duties as a result of an injury and/or illness incurred or aggravated in the line of duty to active duty.  Entitlements under subject policy shall begin when the condition renders the airman unable to perform military duties; not when the injury occurred or when the airman was released from active duty.

HQ AFRC/AQBB’s complete submission, with attachment, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 1 Aug 08 and 10 Oct 08 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit C).

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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 the case.  HQ AFRC/A1BB has conducted a thorough review of the evidence of record and addressed the issue presented in this application and we are in agreement with their opinion and recommendation.  Therefore, we adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of proof of having suffered either an error or injustice.  In the absence of persuasive 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 AFBCMR Docket Number BC-2007-02461 in Executive Session on 8 January 2009, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Jul 07, w/atchs. 
    Exhibit B.  Letter, HQ AFRC/A1BB, dated 29 Jul 08, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 1 Aug 08.
    Exhibit D.  Letter, AFBCMR, dated 24 Oct 08.