RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03436 

						COUNSEL:  NONE

HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

She receive additional evaluations and/or treatments of her chronic recurrent medical conditions identified by Walter Reed National Military Medical Center (WRNMMC) prior to her retirement.  

APPLICANT CONTENDS THAT:

She was a victim of an unjust error: discharged from active duty (AD) without medical clearance, despite the official medical requests/notifications of Andrews AFB discharge authorities by the WRNMMC medical coordination team.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 8 Jan 95.

The applicant’s annual Officer Performance Reports from 16 Jan 10 through 15 Jan 14 indicated “MEETS STANDARDS” for Physical Fitness.  

On 14 Jan 15, according to documents submitted by the applicant, her health care provider annotated her Health Record that she needed a medical extension for medical work other than ENT; recommending she speak to Patient Affairs at WRNMMC and Andrews AFB.  

On 1 Feb 15, the applicant retired with 20 years and 23 days of active service.   

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the BCMR Medical Consultant, which is attached at Exhibit C.  

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial, indicating there is no evidence of an error or an injustice.  She has not met the burden of proof of error or injustice in the denial of Medical Hold.  Based upon the preponderance of service evidence, the BCMR Medical Consultant found no basis upon which to justify delaying the applicant’s established retirement under the Medical Hold policy in order that she may complete additional evaluations or treatment of her chronic recurrent medical condition(s); in the absence of an acute or grave medical condition, serious deterioration of a potentially career ending chronic medical condition, or an inability to perform the duties of office, grade, rank, and rating.  Aside from episodic care for acute conditions and maintenance evaluations, the applicant’s episodes of care predominantly consisted of evaluations and references to prior surgical treatment [superficial lobectomy] of a pleomorphic adenoma of the left parotid gland [from 1979]; which was followed by a recurrence of the tumor in 1990 requiring additional surgery and post-operative radiation treatment.  The applicant’s service treatment record indicates the bulk of her care took place in the Uniformed University of the Health Care Sciences Family Practice Clinic and specialty clinics at WRNNMC; while the responsibility for tracking compliance with medical standards for retention, profile restrictions, deployability, and justification for Medical Hold rested with the Air Force officials.  Without attention to communication between the external care givers and Air Force medical officials, there may have been gaps in timely execution of certain policies, with culpability often shared by more than one party.  The applicant implicitly contends attempts by officials at WRNMMC landed on deaf ears at the 779th MDG; the nearest AF facility administratively servicing the applicant.  In review of the applicant’s military personnel records, to include her 2,251 pages of digital medical documents, the BCMR Medical Consultant could not validate guilt of improperly carrying out procedures or to name any guilty party.

Specifically, under previous and the current versions of AFI 41-210, TRICARE Operations and Patient Administration Function, paragraph 4.53.1.6, “Medical Hold is a method of retaining a SM beyond an established retirement or separation date for reason of disability processing, when presumption of fitness does not apply.  It may be necessary to place members on Medical Hold if DPAMM [previous office symbol for HQ AFPC/Medical Standards Division] directs an MEB, and the member is within 60 days of separation or retirement.  It will not be used for the purpose of evaluating or treating chronic conditions, performing diagnostic studies, elective treatment of remedial defects, non-emergent surgery or its subsequent convalescence, civilian employment issues, preservation of terminal leave, or for any other condition which does not warrant termination of active duty.”  The applicant’s performance reports further attests to her fitness to serve, although the collective duration of profile restrictions should have drawn attention to her retainability for sooner than the 12 months prior to her retirement date; as was once considered in Oct 11, even if only resulting in her return her to duty with an Assignment Limitation Code.  A more detailed explanation of the policy appears in Department of Defense Instruction (DoDI) 1332.38, Physical Disability Evaluation, it is simplified under its contemporary, DoDI 1332.18, Disability Evaluation System, in an opening statement which reads, “The DES compensate disabilities when they cause or contribute to career termination.  Service members who are pending retirement at the time they are referred for disability evaluation are presumed fit for military service.”  The presumption of fitness can be overcome if, during the presumptive period [12 months] there is occurrence of an acute or grave condition, serious deterioration of a chronic condition that would preclude retention, or the member was clearly not performing duties commensurate with office, grade, rank, and rating.  Thus, these factors have relevance in the failing to extend the applicant beyond her established date of retirement.  

A complete copy of the BCMR Medical Consultant 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 21 Dec 16 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 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 basis to recommend granting the requested relief.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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-2016-00348 in Executive Session on 21 Mar 18 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-03436 was considered:

	Exhibit A.  DD Form 149, dated 19 Aug 16, w/atch(s).
	Exhibit B.  Master Personnel Records [Excerpts].
	Exhibit C.  Advisory, BCMR Medical Consultant, dated 
			  9 Dec 16.
	Exhibit D.  Letter, SAF/MRBC, dated 21 Dec 16, w/atch(s).
	
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.