RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02036
INDEX CODE: 100
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
Item 20 (Have You Ever Had or Have You Now) of his Retirement Physical
Examination, Standard Form 89 (SF 89) (Report of Medical History), be
corrected to reflect “Yes” rather than “No” under Frequent or Painful
Urination.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In pursuing a claim for disability for enlarged prostate with the
Veterans Administration (VA), the alteration of this record from yes
to no is a considerable obstacle in the way of his claim for enlarged
prostate. Medical records from a stay at Percy Jones General Hospital
in Battle Creek, Michigan, in 1947 show a condition of chronic
prostatitis; therefore, the correction of this record would reflect a
continuing condition consistent with his claim.
Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 9 Nov 40, the applicant entered active duty in the Regular Army in
the grade of private. He continually reenlisted and entered active
duty in the Air Force on 1 Nov 45.
Applicant’s SF 89 reflects alterations of three entries in Item 20:
“Pain or pressure in chest” changed from yes to no; “Any reaction to
serum, drug or medicine” changed from no to yes; and, “Frequent or
painful urination” changed from yes to no.
On 13 Dec 60, the applicant requested voluntary retirement under the
provisions of AFM 35-7, paragraph 72, to be effective 30 Jun 61. On
14 Dec 60, the commander recommended approval of applicant’s request
for voluntary retirement.
On 1 Jul 60, the applicant was discharged under the provisions of AFM
35-7 (Retirement) with an honorable characterization of service in the
grade of master sergeant. He was credited with 20 years, 6 months,
and 18 days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant reviewed this application and indicated
that approximately a year and a half after applicant’s repatriation
from incarceration in German Prisoner of War (POW) camps (Aug 44 to
Apr 45) in World War II, he was hospitalized with an abscess of his
left lung, remaining hospitalized from Oct 46 to Feb 47. During this
hospitalization, he was diagnosed also with “chronic prostatitis,
cause undetermined, moderate, nonveneral.” A single medical record
entry alluding to “burning on urination” is found, dated 25 Aug 45, a
symptom that might relate to a prostate infection, but which may occur
with other urinary tract problems. At the time of his lengthy
hospitalization, an examination reportedly showed an enlarged prostate
gland and the diagnosis of prostatitis was made. No other medical
record entries are found to indicate an on-going problem with prostate
infections over the remaining 15+ years of service leading to the
applicant’s retirement.
The applicant implies that entries on his medical history form
completed for his retirement physical examination were altered by
unknown persons and that a digital rectal examination recorded as
“normal” on this examination was, in actuality, not performed. A
review of the record in question does show alteration of three entries
in Item 20 of the SF 89: pain or pressure in chest, frequent or
painful urination are changed from “yes” to “no” and any reaction to
serum, drug or medicine is changed from “no” to “yes.” The latter
change reflected the applicant’s reaction to horse serum tetanus
antitoxin. The “pain in chest” question apparently targeted the
hospitalization in 1945-46 for pneumonia, and the “painful urination”
was noted in relation to a kidney stone removed in 1954. Here again,
no mention of chronic problems with the prostate is made. There is no
possible way to conclude who made the actual changes on this record
but it is likely they were made by the examining physician when
clarification of their correct nature was determined.
The BCMR Medical Consultant further states that the applicant claims
that he had a digital rectal examination during an employment physical
exam shortly after his retirement and that he was told then of an
enlarged prostate “which will probably give you some problems in the
future.” The applicant does not furnish a copy of this examination to
confirm this alleged finding. As recorded in the applicant’s
retirement physical examination, the rectal prostate exam was
“normal,” an examination the applicant claims was not performed.
Furthermore, it appears from the medical records available for review
that the applicant suffered from some self-limited or curable diseases
while in the service of his country but that there were no significant
or continuing problems with his prostate gland at the time of his
retirement that could be construed as being service-connected other
than the history of prostatitis in 1945-46. His excellent compilation
of medical records chronologically and by service location indicates
no such long-standing problem or abnormality upon which the BCMR
Consultant can substantiate a service-connected disability.
Applicant’s request, therefore, to change his retirement medical
history SF 89 cannot be favorably considered and the application
should be denied.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the Air Force evaluation and provided a two-page
response (see 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 probable error or injustice. After a thorough review
of the evidence of record and applicant’s submission, we are not
persuaded that his SF 89 should be changed as requested. His
contentions are duly noted; however, we do not find these
uncorroborated assertions, in and by themselves, sufficiently
persuasive to override the rationale provided by the Chief Medical
Consultant. In this respect, it appears that there were alterations
of three entries in Item 20 of the SF 89; however, we note, and as
noted by the Chief Medical Consultant, there is no possible way to
conclude who made the actual changes on this record. We agree,
however, that it is likely these changes were made by the examining
physician when clarification of the correct nature was determined. We
also note that during the applicant’s hospitalization from Oct 46 to
Feb 47, he was diagnosed with “chronic prostatitis, cause
undetermined, moderate, nonvenereal” and a single medical record,
dated 25 Aug 45, alluding to “burning on urination” which the Chief
Medical Consultant indicated was a symptom that might relate to a
prostate infection but which may occur with other urinary tract
problems. However, no other medical record entries were found to
indicate an on-going problem with prostate infections over the
remaining 15+ years of service leading to the applicant’s retirement.
In view of the foregoing and in the absence of evidence to the
contrary, we agree with the recommendation of the Chief Medical
Consultant 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 30 September 1999, under the provisions of Air
Force Instruction 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Patrick R. Wheeler, Member
Ms. Rita J. Maldonado, Member
Mrs. Joyce Earley, Examiner (without vote)
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Jul 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated
4 Jan 99.
Exhibit D. Letter, AFBCMR, dated 1 Feb 99.
Exhibit E. Letter fr applicant, dated 22 Feb 99
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