RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03440 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be granted a medical retirement due to colon cancer. ________________________________________________________________ APPLICANT CONTENDS THAT: He was discharged just a few months prior to completing 15 years of service. At the time of his discharge, he did not know a medical retirement was possible. In support of his request, the applicant submits a copy of a letter from his attending physician dated 23 April 2003. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Air National Guard on 25 November 1985 and immediately initiated a request to enter undergraduate pilot training as an officer of the Air National Guard. On 21 May 1986 the applicant was approved for appointment as a Pilot Trainee in the grade of Second Lieutenant. The applicant served as an F-16 Pilot, and was progressively promoted to the rank of Captain, pay grade O-3, with a date of rank of 14 November 1990. The applicant resigned his commission and was separated from the Air National Guard, effective 30 April, 1999. He was credited with 13 years, 5 months and 4 days of Total Service for Pay. The relevant facts pertaining to this application, extracted from the applicant's master personnel records are described in the letter prepared by the Air Force office of responsibility which is included at Exhibit C. Therefore, there is no need to recite these facts in this Record of Proceedings. ________________________________________________________________ AIR FORCE EVALUATION: The AFBCMR Medical Consultant recommends denial. The Medical Consultant states a review of the applicant’s supplied service treatment records does not reflect the presence of an illness or injury that should have been a cause for career termination, or one which interfered with his military service. However, the applicant has supplied a letter dated 10 April 2003 from a physician indicating that the applicant had been under his care for rectal cancer and had completed his adjuvant chemotherapy “over three years ago.” The physician indicated “at this point he has no evidence of cancer’ and that he should be considered in a “remission status.” The physician also entered a plan for follow-up at six month intervals until the applicant reached the “five-year anniversary from the completion of his chemotherapy.” The physician concluded, “From my standpoint I would consider him to be recovered from the effects of his treatments and to be cancer free.” The letter from the applicant’s oncologist indicates he likely underwent initial treatment sometime in Calendar Year (CY) 1999- 2000, or earlier. In order for the applicant to have been eligible for a medical retirement, first, it must be determined that the medical condition rendered him unfit or disqualified him, for further military service; and was the cause of career termination. Moreover, if seeking a compensable medical retirement, by law, the medical condition must be found in the line of duty, determined service-incurred, or permanently aggravated by his military service. Under the likely scenario that the applicant’s medical condition was non-duty related, again his fitness to serve would first be determined. Then if disqualified for military service as a result of a non-duty related medical condition, the applicant would be eligible for a retirement only if he had achieved at least 15 years of satisfactory service. In the applicant’s submission to the Board, he indicates that he was “discharged just a few months prior to 15 years.” The computation listed on the applicants NGB Form 22, National Guard Bureau Report of Separation and Record of Service, indicates he achieved 13 years, 5 months and 4 days of satisfactory service. The Medical Consultant acknowledges there may be other service credit beyond that listed on the NGB 22 and encourages him to supply this information; bearing in mind the difficulty in setting a precedent of granting time not served along a variable [line-in-the-sand] continuum for a population of other former service members, merely for the purpose of achieving necessary time for retirement eligibility. Nevertheless, the Medical Consultant is sensitive to the fact that had the applicant known of his disease, if it was diagnosable at the time, he might not have sought the resignation he received or may have achieved the necessary time in service for retirement. However, the evidence supplied does not reach the burden of proof of an error or injustice that warrants the desired change in the record; therefore, the Medical Consultant recommends denial of the applicant’s petition for a medical retirement. The complete BCMR Medical Consultant evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the BCMR Medical Consultant evaluation was forwarded to the applicant on 18 April 2012 for review and comment within 30 days (Exhibit D). To date, this office has not received a response. ________________________________________________________________ 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 that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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. ________________________________________________________________ The following members of the Board considered this application BC-2011-03440 in Executive Session on 30 May 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 19 August 2011, w/atch. Exhibit B. Master Personnel Records. Exhibit C. Letter, BCMR Medical Consultant, dated 29 March 2012. Exhibit D. Letter, SAF/MRBR, dated 18 April 2012.