RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04334

	COUNSEL:  

	HEARING: NO 

APPLICANT’S REQUEST.  Her honorable discharged be changed to a medical retirement. 

APPLICANT’S CONTENTION.  During her military service she underwent a right thyroidectomy, and the Department of Veterans Affairs (DVA) rated her as 100 percent disabled.  The Air Force should have rated her at a minimum of 30 percent disabled, and medically retired her.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  On 8 Jan 98, the applicant declined promotion to the grade of captain.  On 12 Feb 99, she was honorably discharged in the grade of first lieutenant.   

According to the documentation provided by the applicant, on 30 Apr 13, the DVA notified her she was rated at 100 percent disability for Hashimoto’s Thyroiditis, effective 1 Dec 12.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION.  The AFBCMR Medical Advisor recommends denying the application.  While it appears counterintuitive to deny the applicant a medical retirement in the face of a 100 percent disability rating assigned by the DVA for a thyroid condition, a medical diagnosis or treatment for a medical condition does not automatically infer or justify a medical separation or retirement.  Directing attention to the applicant’s DD Form 2697, Separation History and Examination, no clinical entities were disclosed by her or the examining provider that would warrant Medical Hold to conduct a Medical Evaluation Board (MEB) for any potentially service-related medical condition.  The provider also found her qualified for worldwide duty.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent a copy of the Air Force evaluation to the applicant on 18 Jul 17 for comment (Exhibit D), and the applicant replied on 5 Oct 17.  In her response, through counsel, the applicant reiterates her history of thyroiditis during her military service, and again requests the Board consider her request under Public Law 110-181, Section 1642, which requires the Department of Defense to rate disabilities utilizing the DVA disability rating guidelines.  The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES:

1. The application was not timely filed.  

2. The applicant exhausted all available avenues of non-judicial relief before applying to the Board.  

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion the applicant is not the victim of an error or injustice.  The Board concurs with the office of the AFBCMR Medical Advisor and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  Therefore, the Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.

THE BOARD RECOMMENDS: The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION: The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered AFBCMR Docket Number BC-2016-04334  in Executive Session on 28 Mar 18.

, Panel Chair
, Panel Member
 Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 25 Dec 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFBCMR Medical Advisor, dated 24 May 17.
Exhibit D: Notification of Advisory, SAF/MRBR to applicant, dated 18 Jul 17.
Exhibit E:  Applicant’s response to Exhibit D, dated 5 Oct 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.