RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02462 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His 1979 medical record be corrected to reflect he injured his 
left ankle instead of his right ankle. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

In September 1979 he hurt his ankle. While at the hospital, 
someone wrote “R” over the “L” on his medical record indicating 
his right ankle was injured. He discovered the error when he 
reviewed the findings after the Veterans Administration (VA) did 
a disability evaluation on the wrong leg. 

 

In support of his request, the applicant submits a copy of his 
September 1979, Standard Form (SF) 500, Chronological Record of 
Medical Care, VA Form 10-5345, Request for and Authorization to 
Release Medical Records or Health Information, and an affidavit 
from a former co-worker attesting to his left leg injury. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former commissioned officer of the Regular 
Air Force who served from 7 June 1961 through 31 December 1981. 
He was progressively promoted to the rank of Colonel, O-6. 

 

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AIR FORCE EVALUATION: 

 

AFMOA/SGAT recommends denial. SGAT states the available medical 
document on 16 September 1979 reflected the injury occurred on 
the right ankle. The note on the medical form states the 
applicant had a fracture of the distal tibia with displaced bone 
chips, but it did not differentiate whether it was the right or 
left ankle. In the 27 September 1979, follow-up exam, the 
record reflected the right ankle had no fracture and had normal 


range of motion. The X-ray report for 16 September 1979 was not 
available for review. From the documentation provided, it 
appears the injury occurred on the right ankle. 

 

The complete AFMOA/SGAT evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant reiterates his contentions and further states he 
notes the 27 September follow-up exam indicated his right ankle 
had no fracture and normal range of motion, but it was not 
possible for his ankle that was broken on 16 September to be 
healed by 27 September as indicated by the AFMOA/SGAT 
evaluation. 

 

The 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 not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. After a review 
of the evidence of record and the applicant’s submission, we 
believe that relief is warranted. The Board notes that the Air 
Force office of primary responsibility states that the applicant 
had a fracture of the distal tibia with displaced bone chips, 
but his medical records did not differentiate whether it was the 
right or left ankle. Absent documentation to the contrary, and 
based on the applicant’s personal statement and the letter from 
his former military coworker attesting that he saw the applicant 
on crutches with a cast on his left foot on or about 
16 September 1979, we believe there is substantial evidence to 
determine an error occurred in documenting the applicant’s 
injury to his ankle. Therefore, we recommend the applicant's 
records be corrected to the extent indicated below. 

 

________________________________________________________________ 

 

 

 

 

THE BOARD RECOMMENDS THAT: 


 

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show that on 
16 September 1979, he had a fracture of the distal tibia with 
displaced bone chips in his left ankle. 

 

________________________________________________________________ 

 

The following members of the Board considered this application 
in Executive Session on 21 February 2013, under the provisions 
of AFI 36-2603: 

 

 , Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered in AFBCMR 
Docket Number BC-2012-02462: 

 

 Exhibit A. DD Form 149, dated 27 May 2012, w/atchs. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, AFMOA/SGAT, dated 17 Sep 2012. 

 Exhibit D. Letter, SAF/MRBR, dated 25 Sep 2012. 

 Exhibit B. Letter, Applicant, dated 16 Oct 2012, w/atchs. 

 

 

 

 

 

 Chair