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AF | BCMR | CY2005 | BC-2004-02123
Original file (BC-2004-02123.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02123
            INDEX NUMBER:  145.00
      XXXXXXXXXXXXXXXXXXXXXXXX    COUNSEL: xxxxxxxxxxxxxxxx

      XXXXXXXXXXXXXXXXXXXXXXXXX   HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her military medical records be changed to show she was treated for  a  lump
of the right breast rather than her left breast.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The breast lump found in the left breast while she  served  on  active  duty
was instead on the right breast as documented in her medical  records.   She
has never had a problem with her left breast.

In support  of  her  request,  the  applicant  submits  a  copy  of  Patient
Diagnostic Report from Rockford Clinic Mammography Center and DD  Form  214,
Armed Forces of the United States Report of Transfer or Discharge.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered  active  duty  on  2  January  1970,  completed  basic
training,  and  became  a  medical   services   technician   and   personnel
specialist.  On 31 July 1972, the applicant was found  by  the  gynecologist
to have a lump in her left breast and was referred to a general surgeon  for
evaluation.  On 7 August 1972, the surgeon confirmed  the  presence  of  the
lump and diagnosed her lump benign.  The surgeon considered  a  biopsy,  but
on 21 February 1973, a repeat examination revealed the lump was absent.   On
5 June 1973, the applicant was voluntarily released from active  duty  under
the provisions  of  AFM  39-10,  Administrative  Separation  of  Airmen,  to
establish a joint household with her husband.  She served a total  of  three
years, five months and three days total active service.

_________________________________________________________________


AIR FORCE EVALUATIONS:

The BCMR Medical Consultant recommends denial.  The  applicant  developed  a
2X3 cm Lump in her left breast while on active duty that had a low  clinical
suspicion for breast cancer and disappeared over a period of several  months
consistent with a cyst.   Four  years  after  her  discharge  from  military
service, she was treated  for  breast  cancer  of  the  right  breast.   The
Department of Veterans Affairs  (DVA)  denied  her  service  connection  for
residuals of right breast cancer since she did not have breast cancer  while
in service and because the benign lump shown in service  was  documented  to
have been in the left breast.  Review of the service medical  records  shows
her two physicians repeatedly and consistently documented  the  benign  lump
in the left breast and that their use of  the  abbreviation  L  was  written
legibly and could not be confused with R.

Action and disposition in this case  are  proper  and  equitable  reflecting
compliance with Air Force directives that implement the law.

The BCMR Medical Consultant’s evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

The applicant states when she entered the  Air  Force  her  examination  was
negative for any problems.  When the lump was found  in  her  right  breast,
the doctor  charted  left  breast.  When  she  returned  for  her  follow-up
appointment the doctor checked the wrong breast.  The military did not  give
her proper medical care and aspiration biopsy of the cyst should  have  been
done, which was the treatment in 1970.  She has included papers that may  be
helpful.

She believes a biopsy should have been done immediately and  that  an  error
was made by putting this procedure off.

The applicant’s complete response, with attachments, is at Exhibit E.

___________________________________________________________

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 an  error  or  injustice.   After  a  thorough  review  of  the
documentation in support of her  appeal  and  the  evidence  of  record,  it
appears physicians repeatedly and consistently diagnosed and documented  her
lump as being in her left breast as opposed to her  right  one.   Therefore,
we agree with the opinion and recommendation of the BCMR Medical  Consultant
that the applicant has not been the victim of an  error  or  injustice    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 this application  in Executive
Session on 13 January 2005 and on 9 February 2005, under the  provisions  of
AFI 36-2603:

            Mr. Richard A. Peterson, Panel Chair
            Ms. Jan Mulligan, Member
            Mr. Mr. Garry G. Sauner, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2004-02123:

      Exhibit A.  DD Form 149, dated 30 Jun 04, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, BCMR Medical Consultant, dated 4 Nov 04.
      Exhibit D.  Letter, SAF/MRBC , dated 24 Nov 04.
      Exhibit E.  Letter, Applicant, dated 28 Nov 04, w/atchs.




               RICHARD A. PETERSON
               Panel Chair



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