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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