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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