RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00275
INDEX CODE: 124.00
SCOTT D. BERGER COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 30 JUL 2008
___________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, dated 31 Jul 05, Item 17, be changed to “No” rather than
“Yes.”
___________________________________________________________________
APPLICANT CONTENDS THAT:
Six days prior to out-processing the base, he visited the dentist
after 15 days for symptoms of pressure sensitivity on his left side
and the dentist made some corrections. He was advised, if he had
problems after retirement the Veterans Affairs (VA) would correct
the problem as long as he applied within 90 days of his retirement.
Applicant states the VA will not consider his case with Line 17 of
his DD Form 214 marked “Yes.”
In support of his appeal, applicant submitted a personal statement
and extracts of his Dental Record.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant entered active duty on 30 Jul 85 and had continuous
honorable service until his retirement effective 1 Aug 05. He was
progressively promoted to the rank of lieutenant colonel with an
effective date and date of rank of 1 Nov 01. He was credited with
20 years and 1 day of active duty service during this period.
DD Form 214, Certificate of Release or Discharge from Active Duty,
dated 31 Jul 05, Item 17, “Member was provided complete dental
examination and all appropriate dental services and treatment
within 90 days prior to separation,” is listed as “Yes.”
___________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant reviewed this application and
recommended denial. A review of dental records indicate that an
examination and all appropriated dental services and treatment were
done within 90 days of separation. Following the 10 May 05 dental
appointment, the applicant remained in the area for 20 more days
and did not seek dental care for any recurrent problems. He was
also still in an active status until 31 Jul 05, an additional 60
days after he departed the local area and was eligible to seek
urgent dental services from the closest Air Force (or military)
dental clinic. Since he did not return during this time, it
appears that there were no further problems prior to his date of
retirement. New problems following retirement would not
necessarily be linked to treatment or no treatment provided while
on active duty. The preponderance of evidence and review of the
case with Air Force dental authorities indicates that action and
disposition in this case are proper and equitable reflecting
compliance with Air Force directives that implement the law.
A complete copy of the evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant disagrees with the BCMR Medical Advisor’s recommendation
and further explained the circumstances surrounding his dental
treatment prior to and after his 1 Aug 05 retirement. He believes
the symptoms he experienced after separation were due to dental
treatments he received prior to his retirement.
In support of his response, applicant provided a copy of his dental
treatment, dated 8 Nov 06.
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 timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. Applicant
contends that all appropriate dental treatment and services were
not completed within 90 days prior to retirement. Although the
applicant received several dental treatments during the months of
March, April and May 05, there apparently were no recurrent
problems prior to his date of retirement. The applicant’s case has
undergone an exhaustive review by the AFBCMR Medical Consultant and
we found no evidence, including the documents submitted in the
applicant’s behalf, which would overcome his assessment of the
case. We therefore agree with the opinion and recommendation of
the AFBCMR Medical Consultant 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. Hence,
in the absence of 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-2006-00275 in Executive Session on 30 August 2007, under the
provisions of AFI 36-2603:
Mr. Jay H. Jordan, Panel Chair
Mr. James L. Sommer, Member
Mr. Steven A. Cantrell, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Jan 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR Medical Consultant, dated 26 Dec 06.
Exhibit D. Letter, SAF/MRBR, dated 8 Dec 06.
Exhibit E. Letter, Applicant, undated, w/atchs.
JAY H. JORDAN
Panel Chair
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