RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04616 (DECEASED) COUNSEL: NONE (APPLICANT) HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her records be corrected to reflect that on 30 Sep 11 she was medically retired for permanent disability instead of voluntarily retired upon sufficient service for retirement. _________________________________________________________________ APPLICANT CONTENDS THAT: She was discharged from active duty on 1 Oct 11 and one month later, on 1 Nov 11, she discovered a lump that was later diagnosed as breast cancer with metastasis to the brain. A discharge physical was not conducted nor a MRI or mammogram. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: 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 primary responsibility which is included at Exhibit C. Therefore, there is no need to recite these facts in this record of proceedings. _________________________________________________________________ AIR FORCE EVALUATION: SAF/BCMR Medical Advisor recommends granting the applicant’s request indicating, signs and symptoms of the applicant’s disease were identified in the same month of her discharge. The applicant’s diagnosis was made shortly after, therefore a Line of Duty Determination (LOD) was not accomplished. An advanced stage breast cancer as the applicant’s was present for a considerable period of time before her diagnosis. Had the applicant’s medical condition been discovered prior to her release from active duty, and had she received a thorough separation physical, the preponderance of evidence would have supported existence of an unfit and a grave disqualifying condition that would have resulted in a medical retirement. Therefore, applying the Veteran’s Affairs Schedule for Rating Disabilities (VASRD) Code 7627, malignant neoplasms of gynecological system or breasts, a 100 percent disability rating would be applied. Since the applicant’s medical condition is not expected to improve, disability retirement is the appropriate course of action. A complete copy of the SAF/BCMR Medical Advisor evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant’s spouse responded notifying the Board that the applicant passed away on 25 Oct 12. In support of his response, he provided a copy of her death certificate indicating the cause of the applicant’s death was breast cancer with metastasis to the brain (Exhibit E). _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. The applicant contends that one month after her retirement, she discovered a lump that was later diagnosed as breast cancer with metastasis to the brain. A discharge physical was not conducted prior to her retirement, nor a MRI or mammogram. After a thorough review of the evidence of record and the applicant’s complete submission, we believe a preponderance of the evidence supports corrective action. In this respect, we took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the BCMR Medical Advisor and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. While we note that the applicant passed away after submitting her application, we believe correction of her records is still warranted due to the fact that said correction could result in the accrual of benefits to her estate. Therefore, we recommend her records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that: a. On 30 September 2011, she was found unfit to perform the duties of her office, rank, grade, or rating by reason of physical disability, incurred while she was entitled to receive basic pay; that the diagnosis in her case was malignant neoplasms of gynecological system or breasts VASRD code 7627, rated at 100 percent; that the degree of impairment was permanent; that the disability was not due to intentional misconduct or willful neglect; that the disability was not incurred during a period of unauthorized absence; and that the disability was not received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war. b. She was not released from active duty on 30 September 2011 and retired for length of service on 1 October 2011, but on 30 September 2011 she was relieved from active duty and permanently retired for physical disability, effective 1 October 2011. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-04616 in Executive Session on 30 Jul 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 Dec 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/BCMR Medical Advisor, dated 18 Mar 13. Exhibit D. Letter, SAF/MRBC, dated 26 Mar 13. Exhibit E. Letter, Applicant’s Spouse, dated 22 Apr 13.