RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2013-05220

			COUNSEL:  NONE

		HEARING DESIRED:  NO 




APPLICANT REQUESTS THAT:

His military records be corrected to reflect he injured his left hand not his right hand.



APPLICANT CONTENDS THAT:

While in Vietnam during the period May 66 to Sep 68 he injured his left hand.  When filing a claim with the Department of Veterans Affairs (DVA) for nerve damage and loss of flexibility of his left hand, he discovered his military records were incorrect in reflecting he injured his right hand versus his left hand.  The damage to his left hand is very evident and the only medical problem with his right hand is a ganglion cyst and wrist problems.  His DVA medical records show that he has scars and nerve damage associated with his left hand.  

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



STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 13 Oct 64. 

On 27 Aug 68, the applicant was given a separation medical exam.  Findings included having a ganglion cyst on his right wrist, non-symptomatic.  Applicant denied any other significant medical or surgical history.

On 10 Sep 68, the applicant was furnished an honorable discharge, and was credited with 3 years, 11 months, and 18 days of active service, to include 2 years, and 4 months of foreign service. 


The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    



AIR FORCE EVALUATION:

AFMOA/SGH recommends denial indicating there is no evidence of an error or an injustice.  The available medical documents provided do not reflect injury to left hand but only that of a ganglion cyst to the right arm.  Medical documents dated 28 Jul 68, indicate 1st degree burns to both arms, but coinciding profile, dated 30 Jul 68, does not reflect the loss of flexion or nerve damage.  Further review of the applicant’s separation physical, dated 27 Aug 68, does not reflect any scar or damage to left hand or arm, nor chronic loss of flexion, nerve damage, and scaring. 

A complete copy of the AFMOA/SGH evaluation is at Exhibit C.



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He rebukes the findings of the Air Force OPR.  He provides details of how the injury to his left hand occurred, and some specifics about follow-up medical treatment.  He questions his separation physical in 1968 due to the lack of questions and notes by the person conducting the examination.  He refers the board to his Air Force Form 88, Report of Medical Examination, dated 27 Aug 68, question 38, that refers to scars, body marks, etc., that is checked abnormal.  He states that he has no idea of why his medical records are incomplete.

A complete copy of the applicant’s response is at Exhibit E.



FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the available evidence of record, we find the application untimely.  Applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code (U.S.C.), §1552 and Air Force  Instruction 36-2603.  Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits.  Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner. 



THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.



The following members of the Board considered AFBCMR Docket Number BC-2013-05220 in Executive Session on 27 Jan 15 under the provisions of AFI 36-2603:

	
The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 31 Oct 13, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFMOA/SGH, dated 8 Apr 14.
Exhibit D.  Letter, SAF/MRBR, dated 2 Jun 14.
Exhibit E.  Letter, Applicant, received 19 Nov 14.