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

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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.
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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.

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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. 

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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.

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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.

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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.

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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.

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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:

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.