RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02726
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment (RE) code be changed to one that would allow him to
reenlist.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was never properly diagnosed as the pain he was experiencing that
led to his discharge was from a cavity only. He wants to serve his
country especially in this time of need. He loved what he was doing
in the Air Force and would like to do it again.
In support of his appeal, the applicant has provided a copy of his DD
Form 214, Certificate of Release or Discharge from Active Duty.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty on 29 July 1998. On 13 August 1998,
while still in Basic Military Training (BMT) he was seen at the dental
clinic for severe jaw pain. He was diagnosed with temporomandibular
joint disorder (TMJ). His TMJ was deemed a pre-existing condition and
his enlistment was therefore considered a defective enlistment. On 25
August 1998, he was notified of his impending discharge and waived his
right to counsel and to submit statements. On 31 August 1998, he was
separated as an airman basic (AB/E-1) with an entry-level separation
and an RE code of “4C”. He was separated under the auspices of AFI 36-
3208, Defective Enlistments, Erroneous Enlistment after 30 days of
active military service.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant notes the applicant presented to the
dental clinic on 13 August 1998 complaining of severe jaw pain. He
states the applicant was diagnosed with TMJ and treated with non-
steroidal anti-inflammatory medication and sedatives. It was noted
that the jaw pain was severe enough to affect his daily training
duties to the point it interfered with his eating, thinking, sleeping,
running, and marching. The Medical Consultant states the evidence of
record shows the applicant was diagnosed with temporomandibular joint
pain syndrome that existed prior to service and significantly
interfered with the performance of training duties. He recommends
denial as he could find no evidence of diagnostic error present in
service medical or dental records.
The Medical Consultant’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
30 January 2004 for review and comment within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After a thorough review of the
evidence of record and applicant's submission, we are not persuaded
that his uncorroborated assertion that he suffered from and was
discharged because of a tooth cavity in and by itself, sufficiently
persuasive to override the rationale provided by the Air Force.
Therefore, we agree with the opinion and recommendation of the Air
Force office of primary responsibility and adopt the rationale
expressed as the basis for our decision that the applicant has failed
to sustain his burden of having suffered either an error or injustice.
While we appreciate his desire to serve, there was no evidence that a
cavity existed at the time and ample evidence of a preexisting TMJ
condition. Therefore, in the absence of
persuasive evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that 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-
2003-02726 in Executive Session on 30 March 2004, under the provisions
of AFI 36-2603:
Mr. Frederick R. Beaman, III, Panel Chair
Mr. Michael J. Maglio, Member
Ms. Martha J. Evans, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Aug 03.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 5 Jan 04.
Exhibit D. Letter, SAF/MRBR, dated 30 Jan 04.
FREDERICK R. BEAMAN, III
Panel Chair
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