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AF | BCMR | CY2007 | BC-2006-00275
Original file (BC-2006-00275.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00275
            INDEX CODE:  124.00

      XXXXXXXXXX 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  staff  sergeant  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.

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.   We  note  the
applicant had several dental treatments and services in the  months
of March, April and May 05.  However, it appears that there 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 1 February  2007,  under  the
provisions of AFI 36-2603:

      Ms. Cathlynn B. Novel, Panel Chair
      Mr. Don H. Kendrick, Member
      Ms. Maureen B. Higgins, 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, dated 5 Jan 06, w/atchs.




                                   CATHLYNN B. NOVEL
                                   Panel Chair

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