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AF | BCMR | CY2002 | BC-2002-01213
Original file (BC-2002-01213.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01213

            COUNSEL:  DVA

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The medical problems listed in his AFM  39-12  separation  examination
physical dated 8 December 1975  is  totally  false  and  he  wants  it
removed from his record.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The AFM 39-12 separation physical dated 8 Dec 75, that  mentioned  eye
trouble is totally false; cramps in legs  vague  signs  and  symptoms,
usually during exercise is not true.  Frequent or  painful  urination,
vague signs and symptoms, no treatment sought, is not true.  He weight
loss from 150 to 124 lbs because of stress  and  depression,  frequent
trouble in sleeping, depression, etc were not due to  family  problems
but due to problems that he had while in the Air Force.

In support of his request applicant submitted a copy of his report  of
medical history, medical records, and clinical records.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  4  April  1975  as  an
airman basic for a term of 4  years.   The  applicant  was  discharged
under  the  provisions  of  AFR  39-12   (unsuitability,   personality
disorder) with service characterized as under honorable conditions  on
19 December 1975.  He served 6 months and 16 days.

Review of the applicant's  separation  physical  examination  (SF  93,
Report of Medical Examination) dated December 8, 1975 shows  that  the
applicant checked the "YES" column on the SF 93 indicating problems in
the indicated categories  including:   a  history  of  sleep  walking,
swollen or painful joints, eye trouble, severe tooth or  gum  trouble,
leg cramps, frequent or painful urination,  recent  gain  or  loss  of
weight, frequent trouble  sleeping,  depression  or  excessive  worry,
nervous trouble, and treatment for a  mental  condition.   Typed  onto
both the SF 93 and SF  88  are  more  details  of  symptoms  that  the
applicant reported during that examination.  "Eye trouble, vague signs
and symptoms of white dot growing on eye, has disappeared after  using
medications"; Cramps in leg, vague signs and symptoms, usually  during
exercise"; "Frequent or painful urination, vague signs  and  symptoms,
no treatment sought"; Recent loss of weight, patient weighs 124 pounds
one pound less than what he weighed upon  enlistment  8  months  ago";
Frequent trouble sleeping, depression or excessive worry, and  nervous
trouble all  had  to  do  with  family  problems,  patient  would  not
elaborate.

The remaining relevant facts pertaining to this application, extracted
from the applicant's military records, are  contained  in  the  letter
prepared by the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no  change  in  the
records is warranted.  During the  separation  physical  examinations,
members are encouraged to report all medical problems they experienced
while on active duty as complete documentation benefits  them  in  any
possible future claims  for  service  connected  disability  with  the
Department of Veterans Affairs (DVA).  Medical records are  historical
and legal documents, which should not be altered  or  destroyed.   The
record of all medical evaluations and treatments are  not  only  legal
documents but may constitute important medical history which  may  aid
future evaluations including those of an administrative nature.  It is
therefore not in the best interest of  the  applicant  to  destroy  or
alter any of his medical records.  The history of his weight loss  and
eye problem appears to be accurate as recorded on his SF  88  and  93.
The mental health evaluation dated October 10, 1975, provides evidence
of  stress   from   his   military   occupation   for   administrative
consideration.   No  change  in  the  separation  physical  forms   is
indicated.  Removal  of  his  report  of  muscle  cramps  and  urinary
symptoms from his separation physical forms (SF 88  and  SF  93  dated
December 8, 1975) would not seem to provide him any benefit, but if he
now states these were false statements or  inaccurately  recorded,  he
can provide a memorandum for record clarifying that fact to be  placed
into his DVA file.

The BCMR Medical Consultant evaluation is at Exhibit C.

_________________________________________________________________




APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 30 August 2002, for review and comment  within  30  days.
However, as of this date,  no  response  has  been  received  by  this
office.

_________________________________________________________________

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 an error or injustice. After a thorough review of the
evidence of record and applicant’s submission, we  are  not  persuaded
that his SF 93, Report of Medical Examination, dated 8  December  1975
should be removed from his records.  Applicant’s 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 Air Force.  We therefore agree with the recommendation
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,  in  the
absence of evidence to the contrary, we find no  compelling  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of a 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 Docket  Number  02-01213
in Executive Session on 6 November 2002, under the provisions  of  AFI
36-2603:

            Mr. Roscoe Hinton, Jr., Panel Chair
            Mr. John E. Pettit, Member
            Ms. Brenda L. Romine, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 4 Jan 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR Medical Consultant, dated 29 Jul 02.
      Exhibit D. Letter, SAF/MRBR, dated 30 Aug 02.




      ROSCOE HINTON, JR.
      Panel Chair

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