RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  97-02878
                 INDEX CODE:  108

                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Item 6. “Nature  and  Extent  of  Injury”  on  the  line  of  Duty
Determination,  dated  23  September  1993,  be  corrected  by  adding
“Herniated Lumbar Disc Left L4-L5.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

By not transposing (sic) the information from the  22  September  1993
Medical Certificate, AF Form 1971 onto the Line of Duty  Determination
(LOD), dated 23 September 1993, he was informed that his  back  injury
was civilian related.  This is incorrect as confirmed  by  the  letter
from the Squadron Commander at Homestead Air Reserve Base.   Applicant
had surgery for a left inquinal hernia and subsequent  surgery  for  a
herniated disc.  The surgeries occurred concurrently in a two to  four
week period and were completely approved following  U.  S.  Air  Force
Reserve chain of command.

In support of his application, applicant submits a copy of the AF Form
1971, Medical Certificate, dated 22 September 1993; a copy of the Line
of Duty Determination, AF Form 348, dated 23 September 1993; a copy of
a letter from the Squadron Commander to a Congressman,  dated  9  July
1997; and, a copy of a letter from the Department of Veterans Affairs,
dated 7 August 1997 reflecting a service connected disability  rating.


Applicant’s submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant initially enlisted in the Air  Force  Reserve  on  16  March
1984.

The relevant facts pertaining to this application, extracted from  the
applicant's military records, are contained in the letters prepared by
the appropriate Air Force offices  of  primary  responsibility  (OPR),
Exhibits C and F.  Accordingly, there is no need to recite these facts
in this Record of Proceedings.

On  22  September  1998,  applicant  was  relieved  from  his  current
assignment, assigned to the Retired Reserve Section and placed on  the
U. S. Air Force Reserve Retired List effective 23 September  1998  due
to medical disqualification for continued military duty by  reason  of
“Arteriosclerotic Coronary Artery Disease;  Chronic  Lower  Back  Pain
with Neuralgia.”  He served 15 years active and inactive duty  in  the
Air Force Reserve with four (4) years  prior  active  service  in  the
Regular Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Military Personnel Division, Air Force Reserve Command,  HQ
AFRC/DPM, states that there was no medical documentation provided  for
Headquarters Air Force Reserve Command, Surgeon General (HQ AFRC/SGPS)
to review previously nor with this request for correction of  military
records which supports applicant’s claim that his  back  problems  are
associated with his duty in Germany.  Neither medical,  nor  personnel
authorities from Homestead Air Reserve Base,  Florida,  have  provided
any documentation which  would  lend  support  to  applicant’s  claim.
Absent any documentation supporting applicant that his  back  problems
are associated with his duty in Germany, they  do  not  recommend  his
request to amend the AF Form  348,  Line  of  Duty  Determination,  be
approved.

A copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Applicant was  forwarded  a  copy  of  the  Air  Force  evaluation  on
29 December 1997.  He submitted a  response  and  indicates  that  the
Commander,  a  Brigadier  General,  concurred  in  and  approved   the
documentation and surgical  requests  for  hernia  and  back  injuries
sustained as a line of duty injury.

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

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical Consultant reviewed the personnel and medical records
and states that while there seems no doubt that the applicant suffered
from acute incarceration of a recurrent left  inguinal  hernia  during
his active duty annual tour in June 1993, considerable doubt exists as
to the time  of  onset  of  his  recurrent  back  problems.   With  no
recording of pain that could be related to an  acute  exacerbation  of
disc disease starting at the time the groin pain began, it  is  highly
unlikely that this was a concurrent event.  Applicant was not seen  by
any military medical provider until after completion of  the  two-week
tour upon his return to the United States, and reference to the  onset
of the back problem not found until sometime in September, some  three
(3)  months  after  the  back  problem   allegedly   restarted.    The
applicant’s claim that the back-related pain might have been masked by
the  pain  on  his  incarcerated  hernia  is  conjecture,   at   best,
particularly since he did  not  find  it  necessary  to  seek  medical
attention for several days after the pain began and he had returned to
Florida.  The nerves affected by the  herniated  disc  (S4-5)  do  not
carry sensation from the groin area, so there is  no  way  to  connect
that pain to the back problem as a possible symptom.

The Consultant concludes that the inguinal hernia  and  the  herniated
disc problems did not have their onset at the same time or in relation
to the same activity.   Therefore,  the  applicant’s  request  is  not
favorably considered.

A copy of the Air Force evaluation is attached at Exhibit F.

_________________________________________________________________

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Applicant was forwarded a copy of the additional Air Force  evaluation
on 15 March 1999 for review and response.  Applicant submitted a  copy
of his Air Force Reserve Order, EK-5311, placing him  on  the  retired
list and states that he was retired due to medical reasons.

Applicant’s response, with attachment, is attached at Exhibit H.

_________________________________________________________________

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 probable error or injustice.  After a thorough review
of the evidence of record  and  applicant’s  submission,  we  are  not
persuaded that the AF Form 348, Line of Duty Determination, should  be
amended by adding “Herniated Lumbar Disc Left L4-L5.”  His contentions
are duly noted; however, we do not find these assertions,  in  and  by
themselves, sufficiently persuasive to override the rationale provided
by the Air Force.  As stated by the BCMR Medical  Consultant  after  a
review of the medical records, at the time  the  applicant  had  groin
pain and subsequent surgery for the left inguinal hernia, there was no
mention of any problem with back pain.  There is no recording  in  the
medical records of pain that could be related to an acute exacerbation
of disc disease starting at  the  time  the  groin  pain  began.   The
Medical Consultant also felt that it is highly unlikely that this  was
a concurrent event.  The onset of the back problem was not found until
some three months after the  back  problem  allegedly  restarted.   We
therefore agree with the recommendations of the Air  Force  and  adopt
the rationale expressed  as  the  basis  for  our  decision  that  the
applicant has failed to sustain his burden that he has suffered either
an error or an injustice.  Therefore, we find no compelling  basis  to
recommend granting the relief sought.

_______________________________________________________________________
_____________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  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  this  application  in
Executive Session on 24 June 1999, under the  provisions  of  AFI  36-
2603.

                  Mr. Henry Romo Jr., Panel Chair
                  Ms. Sophie A. Clark, Member
                  Ms. Ann L. Heidig, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, undated, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFRC/DPM, dated 24 Nov 97.
   Exhibit D.  Letter, AFBCMR, dated 29 Dec 97.
   Exhibit E.  Applicant’s Letter, dated 12 Jan 98, w/atch.
   Exhibit F.  Letter, BCMR Medical Consultant, dated 7 Jan 99.
   Exhibit G.  Letter, AFBCMR, dated 15 Mar 99.
   Exhibit H.  Applicant’s Letter, undated, w/atch.



                                   HENRY ROMO JR.
                                   Panel Chair