RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01054

   	COUNSEL: NONE
	
 	HEARING: NO

APPLICANT REQUESTS:

Her placement on the temporary duty retirement list (TDRL) be changed to a regular active duty retirement.

APPLICANT CONTENDS:

The Wisconsin Air National Guard mishandled her discharge.  She was never counseled on the fact she had options, nor was she aware being placed on the TDRL would prevent her from receiving a regular retirement.  Had she not developed cancer, she would have received sanctuary and retirement.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is an Air Force Master Sergeant, currently on the TDRL.

On 12 May 16, the Informal Physical Evaluation Board (IPEB) found the applicant unfit for further military service due to breast cancer, depression, and back pain, and recommended she be placed on the TDRL with a combined compensable percentage of 100 Percent.    

On 16 May 16, the Secretary of the Air Force Personnel Council (SAFPC), on behalf of the Secretary of the Air Force, directed the applicant be placed on the TRDL.  The applicant signed the TDRL statement of understanding acknowledging her Physical Evaluation Board Liaison Officer (PEBLO) advised her of her right to counsel to represent her through the Integrated Disability Evaluation System (IDES) process.  

Effective 28 Aug 16, the applicant was relieved of active duty and placed on the TDRL, with a physical disability rating of 100 percent, after serving 17 year, 7 months and 5 days of active service for retirement; 18.85 years for Service Per 10 U.S.C. 12733 (6786 POINTS); and, 22 years, 11 months, and 29 days for basic pay.   

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATIONS:

AFPC/DPFDD recommends denying the application.  The IPEB determined she was unfit for continued military service due to breast cancer and depression.  The Department of Veterans Affairs (DVA) rated her depression as major depressive disorder with general anxiety disorder with insomnia, and panic disorder with agoraphobia.  The DVA also rated her back pain as degenerative arthritis of the thoracolumbar spine.  Upon receipt of the DVA rating the IPEB applied the rating to her unfitting conditions, and recommended she be placed on the TDRL with a combined compensable disability rating of 100 percent.  The applicant concurred with the findings of the IPEB.

DoDI 1332.18, Disability Evaluation System (DES), August 5, 2014, Appendix 4 to Enclosure 3, Para 1a. states “A Service member will be placed on the TDRL when the member meets the requirements for permanent disability retirement except that the disability is not determined to be stable but may be permanent. A disability will be determined stable when the preponderance of medical evidence indicates the severity of the condition will probably not change enough within the next 5 years to increase or decrease the disability rating percentage.” The medical evidence provided in the MEB indicated two of the applicant’s conditions, breast cancer and depression, were not stable at the time of her medical evaluation board (MEB) processing.  Hence, the PEB recommended her placement on the TDRL.  The complete advisory is at Exhibit C.

The AFBCMR Medical Advisor recommends denying the application.  The IPEB found the applicant’s Invasive Ductal Carcinoma, Major Depressive Disorder, and Lumbar Degenerative Disc Disease to be unfitting conditions, and assigned her a 100 percent disability rating [maximum], for her carcinoma, which surpassed the minimum 30 percent disability rating to qualify for medical retirement.  The applicant was also assigned a 50 percent disability rating for her Major Depressive Disorder [inclusive of other co-morbid mental health diagnoses], and a 20 percent disability rating for her Thoracolumbar Degenerative Arthritis.  Permanent retirement is decided when a medical condition has been determined stabilized and not expected to change significantly over the subsequent [previous standard of] 5 years. Accordingly, following procedures outlined in Department of Defense Instruction 1332.18, Disability Evaluation System, her placement on the TDRL was considered the appropriate action. 

Despite the applicant’s proximity to reaching “sanctuary,” the Medical Advisor opines, unlike retaining an individual with a single relatively minor chronic impairment approaching retirement eligibility, the applicant’s physical fitness to serve and her health, safety, and welfare were affected by several medical conditions which this reviewer opines outweighed any mission and safety risks, which she would have incurred by simply retaining her to reach 20 years of service.  The Medical Advisor recommends denial of the applicant’s request to revoke the TDRL decision of the IPEB and to replace it, with regular retirement.

The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

The Board sent copies of the Air Force evaluation to the applicant on 8 May 18 for comment (Exhibit E), and the applicant replied on 14 May 18.  In her response, the applicant contends the AFPC/DPFDD advisory does not even comment on the mishandling of her case.  She was not counseled by anyone, even though that is a primary task of the PEBLO.  If she signed something, she was not briefed on it, and she was very, very ill.  She also highlights she had 22 years, 11 months, and 29 days of active service for basic pay.     

The applicant’s complete response is at Exhibit F.  

THE BOARD CONCLUDES:

1.  The application was 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 notes the applicant states she did not receive was not counseled; however, as noted by AFPC, two of her medical conditions were not stable at the time of her MEB processing.  Therefore, it is the Board’s opinion the outcome would have been the same regardless of whether she received counselling.  As such, the Board concurs with the rationale and recommendation of AFPC/DPFDD and the AFBCMR Medical Advisor and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.  

THE BOARD RECOMMENDS:

The applicant be informed the evidence did not demonstrate material error or injustice, 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 Docket Number BC-2017-01054 in Executive Session on 20 Jun 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 26 Feb 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDD, dated 17 Nov 17.
Exhibit D:	Advisory opinion, AFBMCR Medical Advisor, dated 27 Apr 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 8 May 18.
Exhibit F:	Applicant’s response, dated 14 May 18.

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