RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00212
            INDEX CODE:  108.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he  was  diagnosed  with  the
hepatitis C virus.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He contracted the hepatitis C virus while on active duty.

In support of his appeal, the applicant provided a personal statement,
discharge  document,   congressional   correspondence,   documentation
pertaining to the Purple Heart, newspaper clippings with  photographs,
medical documentation, and a supportive statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

Available documentation indicates that the applicant was inducted into
the Army of the United States (AUS) on 17  Sep  42  and  entered  into
active service on 1 Oct 42.  He was honorably discharged on 28 Oct 45.

By Special Order G-180, dated 8 May 02, the applicant was awarded  the
Purple  Heart  Medal  for  injuries  sustained  in  combat  action  on
2 Jan 45.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letter prepared by the appropriate office of the  Air
Force.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief Medical Consultant, AFBCMR, reviewed  this  application  and
recommended denial.  The Medical Consultant noted that the applicant’s
military medical records were not available for review  as  they  were
lost as a result of a fire at the National Personnel Records Center in
1973.  The only medical  information  available  from  his  period  of
service was information from the hospital admission cards  created  by
the Office of the  Surgeon  General,  Department  of  the  Army.   The
Medical Consultant indicated that  the  applicant  had  three  entries
reflecting hospitalizations:  Dec 43 (coded 1231) Syphilis, secondary;
Jul 44 (coded 1248), Syphilis, cured or progress satisfactory; and Jan
45 (coded 0135, 0913) for wound(s), lacerated with no nerve or  artery
involvement, head, scalp,  causative  agent  (coded  302)  ammunition,
explosion  of,  circumstances:  (coded  9)  all  battle  injuries  not
intentionally inflicted by self or another person.

Th submitted Department of Veterans Affairs (DVA )records  showed  the
applicant was found to have blood test evidence of infection with  the
hepatitis C virus in Mar 01.  The record also reported that at  a  DVA
clinic visit in May 01, the applicant reported a history of  jaundice,
dark urine, loss of appetite and weight loss while in Italy during the
1940’s and that he recalled being told he had hepatitis.  An  examiner
for the DVA has concluded  “that  the  most  likely  etiology  of  the
patient’s hepatitis C was related to a high-risk sexual contact as  he
was treated for syphilis in 1943-44. The applicant  is  not  currently
under treatment for hepatitis C.”  The DVA examiner further based this
opinion on the fact that there did not appear to be any other  obvious
possible exposures to hepatitis C (i.e., a blood transfusion) and  the
DVA has assigned  service  connection  for  the  hepatitis  C  with  a
10 percent rating.  The 10 percent rating was based on the presence of
symptoms of fatigue, malaise, the absence of  scarring  of  the  liver
(cirrhosis), and normal liver enzyme levels in  the  blood  consistent
with the absence of active inflammation.  The available  documentation
is notable for other potential sources of hepatitis C virus  exposure:
a lumbar laminectomy (back surgery) in 1966, and a hospitalization for
gastrointestinal bleeding in 1998, however no records  were  available
to ascertain whether he received blood products at the times of  those
hospitalizations.

The Medical Consultant noted that the  applicant  was  a  health  care
worker (certified nursing assistant  and  respiratory  therapist),  an
occupational arena with risk  for  exposure  to  hepatitis  C  through
inadvertent needle sticks.  A lay statement dated 28 Apr 01 from  E---
C--- indicated he had personal knowledge that the veteran was  treated
for hepatitis C while he was stationed in Italy  with  the  applicant.
The DVA documentation indicated that the  applicant  related  problems
for several years of generalized weakness and sleeping a  lot  due  to
his hepatitis C.  His other medical problems have  included  diabetes,
hypertension,  post-  traumatic   stress   disorder,   blindness   and
neurosyphilis (involvement of the brain and spinal cord with syphilis,
typically many years including decades following initial infection).

According to the Medical Consultant, there were no records  to  verify
whether the applicant contracted viral hepatitis while on active duty,
and it would be impossible to determine specifically if he  contracted
the hepatitis C virus while in  service  during  World  War  II.   The
hepatitis C virus was not known to medical science  at  the  time  the
applicant states he had hepatitis and could not have been diagnosed as
such.  The term hepatitis means that the liver is inflamed.  There are
many different causes of an  inflamed  liver  (jaundice,  dark  urine)
including a variety of other infections including syphilis,  hepatitis
A (a self limited, usually food borne illness) or chemical causes such
as drugs used for treatment of syphilis  or  for  preventing  malaria.
Although he could have contracted the hepatitis C  during  his  active
service, there was no clear evidence that there were any sequelae from
that infection; (i.e., no scarring and no inflammation of the  liver).
There was no evidence to support he experienced any  disability  prior
to Mar 01 related to hepatitis C viral infection regardless of when he
contracted this infection.  Further, there was no evidence that linked
his symptoms, which are nonspecific  and  can  be  due  to  his  other
medical problems, with hepatitis C.  The Medical Consultant  did  note
that the DVA has ruled in favor of the applicant,  judging  it  to  be
service connected with a 10 percent rating from the time of  diagnosis
in March 01.

A complete copy of the Medical Consultant’s evaluation is  at  Exhibit
C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  31
May 02 for review and response.  As of this date, no response has been
received by this office (Exhibit D).

_________________________________________________________________

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  warranting  corrective
action regarding the applicant’s request that his records be corrected
to reflect that he was diagnosed with  the  hepatitis  C  virus  while
serving on active  duty.   The  applicant's  complete  submission  was
thoroughly reviewed and his contentions were duly noted.  However,  we
do not find the applicant’s assertions and the documentation presented
in support of his  appeal  sufficiently  persuasive  to  override  the
rationale provided by  the  Medical  Consultant.   Therefore,  in  the
absence of clear-cut evidence that he contracted the hepatitis C virus
while serving on  active  duty,  we  adopt  the  Medical  Consultant’s
rationale and conclude that no basis exists to recommend granting  his
request.

4.  We note the applicant’s request that his records be  corrected  to
reflect   award   of   the   Purple   Heart   Medal   was    corrected
administratively.   Therefore,  we  believe  no  further   action   is
necessary concerning this request.

_________________________________________________________________

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 AFBCMR Docket Number 02-
00212 in Executive Session on 2 Jul 02, under the provisions of AFI 36-
2603:

      Mr. Joseph A. Roj, Panel Chair
      Mr. Christopher Carey, Member
      Mr. John B. Hennessey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Jul 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, Medical Consultant, dated 11 Sep 02.
    Exhibit D.  Letter, SAF/MRBR, dated 31 May 02.




                                   JOSEPH A. ROJ
                                   Panel Chair