RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04361

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Her medical records be amended to document the removal of her left kidney.  

APPLICANT CONTENDS THAT:

At the age of 56, following breast cancer and chemo and radiation therapy; she learned from her doctors that her left kidney had been surgically removed.  The only surgeries she had on her abdomen were when she was on active duty.  The three surgeries were pregnancy related and performed at Air Force Medical Treatment Facilities (MTFs).   

She is devastated to find out 30 years later she has been living with one kidney.  Having one kidney could have affected the type of treatment she received or at the very least her oncologist and radiation oncologist would have had her full medical history.  Knowing about the kidney removal could have changed many things.  She should have been eligible for a medical discharge and her healthcare would have been different.  She has had many issues in the last 30 years. 

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 21 August 1979 and was honorably discharged from active duty on 27 July 1990.  She was credited with 10 years, 11 months and 7 days of active duty service.  

The applicant provides a VA Radiology Report dated 16 June 2015 which states, “The left kidney is surgically absent.”  

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

AFMOA/SGH recommends denial.  There was not a procedure accomplished for removal of her left kidney (nephrectomy) while she was in military service.  The applicant’s health history does not include any information of a nephrectomy, nor are there any notes of complaints, signs or symptoms of kidney disorders that would deem the necessity of a nephrectomy.  It has been more than 30 years since her separation from active duty and SGH cannot ascertain from the health history provided by the applicant that she exhibited signs or symptoms that would have warranted the need for a nephrectomy and recommends the applicant’s medical records remain as written.

The applicant had four laparoscopic or surgical procedures accomplished in MTFs by military providers while she was on active duty.  The procedures noted were a cesarean-section fetal demise on 25 August 1982, a cesarean-section live birth on 7 August 1984, laparoscopic tubal cauterization on 4 January 1985 and diagnostic laparoscopy on 5 August 1985.  All four procedures/and or surgeries had SF 502, Narrative Summary, and/or SF 516, Operation Report, and none indicate a procedure for removal of her left kidney.  Air Force consultants of obstetrics and gynecology state, “It is not common for someone to have a nephrectomy as a complication of a cesarean-section or to have it performed for other indications at time of a cesarean-section without the patient being aware of it.  The surgical approach is completely different, usually retroperitoneal (situated or occurring behind the walls of the serious membrane lining the cavity of the abdomen and covering the abdominal organs) through a flank incision (an incision usually made near and parallel to the 12th rib or between the iliac).  It is possible and most likely for this scenario for a patient to have congenital absence of one kidney.”  Additionally, in order for a nephrectomy to be accomplished at time of cesarean-section it would have to be accomplished by a GYN oncologist.

A complete copy of the AFMOA/SGH evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 22 August 2016 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.
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.  We note the applicant contends her left kidney was surgically removed without her knowledge while in service and she provides a VA radiology report dated 16 June 2015 in support of her claim.  However, given the applicant’s available medical records do not include evidence of a nephrectomy while in service and the radiology report is post 25 years after her discharge, we find the evidence insufficient to substantiate her claim.  The applicant’s case has undergone an exhaustive review by the Air Force office of primary responsibility (OPR) and we did not find the evidence provided sufficient to overcome her assessment of the case.   Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not sustained her burden of proof that she has been the victim of an error or injustice.  In the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2015-04361 in Executive Session on 1 December 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04361 was considered:

	Exhibit A.  DD Form 149, dated 21 September 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFMOA/SGH, undated.
	Exhibit D.  Letter, AFBCMR, dated 22 August 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.