RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00417
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NOT INDICATED

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APPLICANT REQUESTS THAT:

His records be corrected to show a different reason for discharge.

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APPLICANT CONTENDS THAT:

His date of enlistment was October 1943.  The  physical  condition  he
was given when he was discharged is wrong.

In support of the appeal, applicant submits a copy of a Certificate of
Disability  for  Discharge.   Applicant's  complete  submission,  with
attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s military personnel records  were  lost  or  destroyed.
The following  information  was  obtained  from  his  service  medical
records maintained by the Department  of  Veterans  Affairs  and  from
documents provided by the applicant.

The applicant was inducted on 9 December 1943  and  called  to  active
duty on 27 December 1943.  On 5 January 1944, he was hospitalized with
a bleeding ulcer.  The clinical history as recorded on  the  admission
history and physical examination report documents that  the  applicant
reported a history of symptoms consistent with peptic  ulcer  for  the
six months prior to hospital admission.  “Patient has  had  epigastric
distress and heartburn before meals off and on for the past six months
which was relieved by food or  milk.”   Radiographic  studies  (barium
upper gastrointestinal series) confirmed the presence  of  a  duodenal
ulcer.  He was diagnosed with chronic peptic  ulcer  disease  with  an
acute episode of bleeding.  He recovered  during  his  hospitalization
with resolution of evidence of bleeding, recovery of his  blood  count
to  normal  and  relief  of  symptoms   with   anti-acids   and   diet
modification.  Because at that time,  peptic  ulcer  disease  produced
recurrent and chronic symptoms and a history of an episode of bleeding
indicated a  higher  risk  for  recurrence,  the  applicant  underwent
medical evaluation  board.   His  condition  was  determined  to  have
existed prior to service (EPTS) based on his history  of  symptoms  of
peptic ulcer disease for six months, predating entry onto active duty.

The applicant was honorably discharged on 8 February 1944  because  of
physical disability and certified to the Veterans  Administration  for
disability  compensation.   The  applicant’s  discharge   orders   and
certificate are not a matter of record.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant states that the applicant was hospitalized
for a bleeding peptic ulcer  approximately  one  week  after  entering
active duty.  Based on the history of symptoms consistent with chronic
peptic ulcer disease  for  the  previous  six  months,  his  unfitting
condition was properly determined to have existed prior to service and
he  was  administratively  discharged.   For  purposes  of  disability
administration, it is the date entered active duty and not the date of
enlistment that  is  used  to  determine  eligibility  for  disability
compensation.  He reported to his physician  that  his  symptoms  were
present for six months before admission and  therefore  his  condition
existed prior to his reported enlistment date as well as his  date  of
entry onto active duty.

Following  discharge  from  the  military  the  applicant  was   again
hospitalized at a Veterans Affairs hospital for his ulcer disease  and
granted service connection for his  peptic  ulcer  disease.   However,
subsequent Rating Decisions ruled that his condition was  not  service
connected (“clear and unmistakable error”).

The BCMR Medical Consultant stated that action and disposition in this
case are proper and equitable reflecting  compliance  with  Air  Force
directive  the  implement  the  law.   Therefore,  the  BCMR   Medical
Consultant is of  the  opinion  that  no  change  in  the  records  is
warranted.

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 June 2003, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and response within  30  days.   As  of  this
date, this office has received no response.

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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  error  or  injustice.   The  applicant  asserts  he
enlisted in October 1943.  However, the limited available documents do
not support this claim.  Rather, it appears  that  the  applicant  was
inducted into the Army of the United States on  9  December  1943  and
entered active duty on 27 December 1943.  Although not clearly stated,
it appears the applicant  is  contesting  the  EPTS  determination  by
military medical authorities  during  his  medical  board  processing.
However, other than his own assertions, he has  provided  no  evidence
that would lead us to believe that the EPTS determination was contrary
to  the  available  medical  evidence,  information  provided  by  the
applicant at that time, and accepted medical  principles.   Therefore,
we agree with the opinion and recommendation  of  the  Air  Force  and
adopt their rationale  as  the  basis  for  the  conclusion  that  the
applicant has not been the victim of an error or  injustice.   In  the
absence of evidence to the contrary, we find no  compelling  basis  to
recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of 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,  BC-
2003-00417, in Executive Session on 31 July 2003, under the provisions
of AFI 36-2603:

                       Mr. Philip Sheuerman, Panel Chair
                       Mr. James W. Russell III, Member
                       Ms. Brenda L. Romine, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 6 Nov 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR Medical Consultant, dated 19 May 03.
      Exhibit D. Letter, SAF/MRBR, dated 17 Jun 03.




                             BRENDA L. ROMINE
                             Acting Panel Chair