Expert: MARK A. HOWELL - 8/24/2010

Question
Dear Mr. Howell,

My boyfriend received a letter from the Department of Defense which stated that he had not been given Medical clearance due to a "Malignant Tumor." The only issue is that he has NEVER had a malignant tumor. His medical records prove this. He has had ALL (Leukemia) from the time he was born to about 7 years old when he was declared cancer free. He is currently 20 years old and applying for the Air Force and Navy Academies. He has been cancer free for 13 years now and the DOD did ask for all of his records, which he provided. If I read their medical disqualification section correctly, he cannot be disqualified for the Leukemia because he has been cancer free for over 5 years and has the medical records to prove it.

How can we appeal this ruling? The letter clearly states not to submit any medical records that have already been submitted. Like I mentioned he gave them all of the medical records and I have gone through all 600pgs and none mentions a malignant tumor or a tumor at all that has been identified or even biopsied. Please guide us in the right direction.

Thank you for all of your help,

Krystal

Answer
Krystal,
Your reading of the medical regulations is correct.  They state, "the following cases should be qualified, if on careful review they meet the following criteria: individuals who have a history of childhood cancer who have not received any surgical or medical cancer therapy for 5 years and are free of cancer."

Additionally, children between 1–10 years of age are the most likely to develop Acute Lymphoblastic Leukemia (ALL) and also to be completely cured of it.

Sounds like somebody on the Surgeon General's staff didn't do their homework when they said "due to a Malignant Tumor."  Even I know that ALL is not a solid tumor.

Your recruiter should be able to help you fill out the forms necessary to appeal the decision.  Meanwhile, he should write a letter to the U.S. Congressman and/or U.S. Senator from your state.  That's an often overlooked avenue that has a lot of power.

I can't tell you why this mess happened, but you are correct in your logic and now's the time to act.  Don't just accept it and give up, like so many do.  Your boyfriend is fortunate to have a smart girlfriend like you, who has done the research and is asking the right questions.

I wish you both well.
Colonel Howell