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AF | BCMR | CY2009 | BC-2008-02071
Original file (BC-2008-02071.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02071
            INDEX CODE:  137.04

            COUNSEL:

            HEARING DESIRED: YES



_________________________________________________________________

APPLICANT REQUESTS THAT:

He be returned to active duty in order to undergo a Medical Evaluation
Board (MEB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should never have been released from active duty until all  avenues
of  his  health-related  issues  had  been  resolved.   Prior  to  his
Mandatory Separation Date (MSD) on 31 May 2007 at age 60 he was:

1. Denied military hold as per Air Force Instruction (AFI) 36-3203.

2. Denied a medical review board while there were inconclusive results
of medical tests.

3. Denied final medical disposition.

4. Misdiagnosed by the flight surgeon.

5. Refused required medical testing (by the flight  surgeon)  required
to determine his correct diagnosis prior to his MSD.

As he was preparing to retire, he began to get medical  checkups.   He
had experienced many problems with his  left  knee  during  March  and
April 2007 and during that time frame had visited  an  emergency  room
because of intense pain.  The knee pain was diagnosed as bursitis  and
he was prescribed Naproxen for the pain.  In late May 2007, at the end
of his last flight  prior  to  his  retirement,  he  was  exiting  the
aircraft and felt something snap in his left knee  causing  him  great
pain as a result.  He was denied medical  hold  and  scheduled  for  a
Computer  Axial  Tomography  (CAT)  scan  in  June  2007,  after   his
retirement.  His request for a Positron Emission Tomography (PET) scan
and a re-review of an earlier CAT scan were also denied.  He was  told
by base medical officials that he did not have  cancer,  that  he  was
milking the system, and that he was paranoid.

He has since been diagnosed with Diffuse  Large  B-Cell  Non-Hodgkin’s
Lymphoma of the bone  (left  knee).   He  has  undergone  chemotherapy
treatment from January  2008  to  May  2008  and  underwent  radiation
therapy in June 2008 to eradicate the cancer in his knee.  It  is  his
contention that had his initial CAT scan been re-read  and/or  he  had
been allowed to undergo a PET scan his cancer would  have  been  found
prior to his retirement.

In support of his appeal, the applicant provides a personal  statement
and pertinent parts of his medical records.

Applicant’s complete submission is attached.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant  began  his  military  career  on  30  June  1965.   He  was
progressively promoted to the grade of Chief Master  Sergeant  (CMSGT)
effective and with a date of rank of 3 February 2005.  He served  over
39 years for pay and was released from active duty with the  New  York
Air National Guard (NYANG) on 31 May 2007 and retired  for  length  of
service effective 1 June 2007.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ NGB/A1PS received this case on 4 Jun 08 for an advisory opinion and
has failed to provide one.

_________________________________________________________________

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.  After a thorough review  of  the
evidence of record and applicant's submission, we  are  not  persuaded
that his uncorroborated assertions, in and by themselves, sufficiently
establish he has been the victim of either an error or  an  injustice.
We noted his service medical record was not included as  part  of  his
application and the few copies of his medical record  he  did  include
are not considered adequate  evidence  in  this  case.   Consequently,
should the applicant forward his SMR and/or copies of civilian medical
records or other evidence to support  his  case,  we  would  entertain
reconsideration of his application.   Therefore,  in  the  absence  of
persuasive evidence to the contrary, we find no  compelling  basis  to
recommend granting the relief sought in this application.
4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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-
2008-02071 in Executive  Session  on  15  September  2009,  under  the
provisions of AFI 36-2603:

      Panel Chair
      Member
      Member

The following documentary evidence was considered:

    Exhibit:  DD Form 149, dated 28 May 09, w/atchs.





                                   Panel Chair

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