RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02391 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His medical record be corrected to show he incurred a hard Parachute Landing Fall (PLF) on 2 Sep 77. 2. His Combat Related Special Compensation (CRSC) Act application be reevaluated. _________________________________________________________________ APPLICANT CONTENDS THAT: Medical entries from 14 Sep 77 do not reference a PLF during his parachute jump on 2 Sep 77. Without direct links to injuries incurred during his parachute jumps, his application for compensation under CRSC was denied. In support of his request, applicant provides copies of his Department Veterans Affairs (DVA) rating decisions, a copy of his CRSC letter, individual jump record and excerpts of his medical records. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 1 Jul 89, the applicant retired from the Air Force in the grade of senior master sergeant, after serving 22 years, 9 months and 8 days on active duty. He initially applied for CRSC for his condition of the skeletal system, traumatic arthritis (cervical spine), tinnitus, limited motion of ankle, traumatic arthritis (lumbar spine) and limited motion in dorsal spine. His claim was partially approved on 26 Aug 04, for condition of the skeletal system, traumatic arthritis (cervical spine), tinnitus, and limited motion of ankle. However, no evidence was provided to confirm his traumatic arthritis (lumbar spine) and limited motion in dorsal spine was the direct result of armed conflict, hazardous service, instrumentality of war, or simulating war. Available DVA records reflect a combined compensable rating of 80% for his unfitting conditions. _________________________________________________________________ AIR FORCE EVALUATION: AFMOA/SG3SA recommends denial. SG3SA states that in accordance with AFR 168-4, Administration of Medical Activities, dated 18 Jan 87, "to correct medical record documentation without creating suspicions of record tampering, use the following procedures: If an error is identified near in time to the date of the erroneous entry and the practitioner(s) involved has present memory of the circumstances (general rule)" then the corrective steps are taken. SG3SA states there is no documentation to substantiate the claim and the provider can no longer be contacted. The complete AFMOA/SG3SA evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 12 Oct 07 for review and comment within 30 days. On 5 Nov 07, the applicant requested his case be administratively closed. On 30 Apr 08, the applicant requested the decision to deny him entitlement to CRSC be reevaluated. The applicant stated that as a parachute test jumper, he completed 563 test jumps. The cumulative effect of these jumps also contributed to his DVA ratings for his lumbosacral spine. Applicant believes that if heavy lifting caused his lower back condition it would have most likely occurred in flight and should qualify for CRSC. The applicant's complete letter, 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 error or injustice. After a thorough review of the applicant's submission and the available evidence of record, we do not believe the applicant’s request to have his medical records be corrected to show he incurred a hard PLF on 2 Sep 77 is warranted. The record does not reveal nor has the applicant provided evidence to substantiate his claim. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Further, since we find no basis to amend his medical records, we do not believe his request for a reevaluation of his CRSC application warrants favorable consideration. 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 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 Docket Number BC- 2008-02391 in Executive Session on 27 Jan 09, under the provisions of AFI 36-2603: The following documentary evidence pertaining to Docket Number BC-2008-02391 was considered: Exhibit A. DD Form 149, dated 17 Jul 07, w/atchs. Exhibit B. Letter, AFMOA/SG3SA, dated 27 Sep 07. Exhibit C. Letter, SAF/MRBR, dated 12 Oct 07. Exhibit D. Letter, Applicant, dated 5 Nov 07. Exhibit E. Letter, Applicant, dated 30 Apr 08, w/atchs. Chair