RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01467 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: Her late husband’s records be changed to reflect a medical retirement rather than retirement. _________________________________________________________________ APPLICANT CONTENDS THAT: Her husband experienced serious medical issues prior to his retirement and had visited the medical treatment facility many times and was never diagnosed. He exhibited a dramatic change in his psychological and physical health. Her husband did not receive a physical and retired on 1 September 2009 and died from leukemia on 8 January 2010. In support of her request, the applicant provides medical documentation, death certificate and a Department of Veterans Affairs Rating Decision. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant was relieved from active duty on 31 August 2009 and retired from the Air Force on 1 September 2009, having served 22 years and 18 days on active duty. The remaining relevant facts pertaining to this application, extracted from the applicant’s military personnel records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: The AFBCMR Medical Consultant recommends denial. The AFBCMR Medical Consultant states the physical findings, complaints, and laboratory data supplied, from 2002 and 2004, records of the applicant’s complicated gall bladder surgery, as well as his diverticulosis, and thereafter, do not reflect an overt presence of information that was diagnostic of or indicative upon a developing Acute Myelogenous Leukemia. Additionally, neither of the conditions, at the time of retirement, would have overcome the presumption that the former member was fit for military service at the time of retirement. Meaning if he had a Medical Evaluation Board for the conditions diagnosed at retirement, he more likely than not would have been found fit and returned to duty to proceed with his length of service retirement. If the applicant’s Acute Myelogenous Leukemia was diagnosable within the 12 months of his planned retirement, he more likely than not would have undergone an MEB and been referred to a Physical Evaluation Board (PEB) followed by his placement on the Temporary Disability Retired List (TDRL). His records show that the condition was not diagnosable at the time of discharge e.g., nothing to trigger a bone marrow biopsy; which suggests that the former member acquired a serious infection after leaving military service that overwhelmed his immune system resulting in sepsis and the delayed discovery of Acute Myelogenous Leukemia. No hospital or pathological reports are provided, other than the Certificate of Death that discuss these findings, nor the order or means in which either condition was diagnosed. With reference to the former member’s psychological status, the record shows a long-standing history of anxiety disorder, beginning in 2000, that is also not diagnostic of or indicative of an underlying malignancy affecting cognitive or behavioral functioning. The burden of proof has not been met for the existence of a material error or injustice that warrants a change in the record. The AFBCMR Medical Consultant’s complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 28 October 2010, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. _________________________________________________________________ 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 the recommendation of the AFBCMR Medical Consultant and adopt his rationale as the basis for our conclusion the applicant has failed to sustain her burden of proof of the existence 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. 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 an 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-2010-01467 in Executive Session on 14 December 2010, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-01467 was considered: Exhibit A. DD Form 149, dated 16 April 2010, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFBCMR Medical Consultant, dated 25 October 2010. Exhibit D. Letter, SAF/MRBR, dated 28 October 2010.