RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02350
            INDEX CODE:  108.00
      XXXXXXXXXXXXXXXX COUNSEL:  NONE

      XXXXXXXXXX HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

Errors in his service medical records be corrected.

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APPLICANT CONTENDS THAT:

Numerous errors in his  medical  records  to  include  misinformation  about
dates, rank, and  events  are  causing  problems  with  his  livelihood  and
future.

In support of his application, the applicant provides a personal  statement,
and, copies of his service medical records  containing  alleged  errors  and
his Department of Veterans Affairs (DVA) medical records.   The  applicant’s
complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 5 August 1957, the applicant enlisted in the Regular  Air  Force  at  the
age of 18 in the grade of airman basic (E-1) for a  period  of  four  years.
He was progressively promoted to the grade of airman first class (E-4)  with
an effective date and a date of rank of 1 June 1962.

On 1 October 1962, a medical board recommended the  applicant  be  separated
from  military  service  for  physical  disability  with  a   diagnosis   of
Hypertrophic  Rhinitis,  existing  prior  to  service  and  not  permanently
aggravated by service.  The applicant concurred with the recommendation  and
requested discharge for physical disability  without  disability  retirement
or disability severance pay.  On 3 October  1962,  the  discharge  authority
approved the applicant’s discharge under provisions of AFM 35-4, Chapter  9,
by reason of physical disability.  On 5  October  1962,  the  applicant  was
discharged with an honorable characterization of service.   He  served  five
years, two months, and one day on active duty.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant  is  of  the  opinion  that  no  change  in  the
applicant’s records is warranted.  The BCMR Medical Consultant  states  that
the applicant requests correction of  information  in  his  service  medical
records, that he  contends  is  inaccurate,  but  provides  no  evidence  to
substantiate his claim.  The applicant was  administratively  separated  for
chronic rhinitis that was determined to have existed prior to  service.   At
the time of his discharge, the applicant concurred  with  the  findings  and
recommendations of  the  medical  board.   Review  of  the  service  medical
records finds no evidence that the applicant had any  other  condition  that
warranted disability discharge at the time.

It is the BCMR Medical Consultant’s opinion that the  applicant’s  case  was
properly evaluated, appropriately  rated  and  received  full  consideration
under the provision of AFM 35-4.  Additionally,  there  is  no  evidence  to
conclude there  is  inaccurate  information  contained  in  the  applicant’s
service medical record.  It is the BCMR Medical  Consultant’s  opinion  that
action and disposition in this case were  proper  and  equitable  reflecting
compliance with Air Force directives that implement the law.

The BCMR Medical Consultant notes that on 27 May 2003, the DVA  granted  the
applicant service connected disability benefits for  duodenal  ulcer  (10%),
residuals of renal calculi (10%), tinnitus (10%),  hearing  loss  (0%),  and
sinusitis (0%).  Service connection for conjunctivitis left eye and  hearing
loss right ear were denied  by  the  DVA.   The  BCMR  Medical  Consultant’s
evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant claims the advisory is totally incorrect.  He  claims  he  was
discharged in 1962 not 1963.  It was physically impossible  for  him  to  be
under psychiatric care at Kinchole Air Force Base in August  1963.   He  has
never signed nor has he ever stated that he had  a  chronic  sinus  and  eye
condition until sometime after he entered the service.  The  only  statement
that he ever made was to the effect that he wears sunglasses because  bright
light bothers him.  He did not have these conditions until after he  entered
the service.  His hearing loss occurred in January 1962, while  in  the  Air
Force, prior to his discharge.  His chronic  sinus  problem,  caused  by  an
infection, became apparent in 1959 when he went  blind  in  both  eyes  also
while he was still in the Air Force.  He is now told he will  eventually  go
blind in the left eye.  He has also been denied his hearing  loss  claim  as
well.   He  never  received  a  discharge  physical.   When  he  refused  to
reenlist, he was cleared and discharged by ten  o’clock  the  next  morning.
His attorneys have advised him that it is  a  criminal  offense  to  falsify
records.  He plans on taking  all  the  necessary  steps  to  see  that  his
records are straightened out and corrected so he can pursue  his  disability
claim.  The applicant’s rebuttal is at Exhibit E.

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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.  After a thorough review of  the  available
records, we found no evidence that the individual’s medical records  are  in
error.  According to the evidence presented, the  applicant  was  discharged
for physical disability with a diagnosis of Hypertrophic Rhinitis,  existing
prior to service and not permanently aggravated by  service.   We  note  the
applicant concurred with this decision and requested discharge for  physical
disability without disability retirement or disability severance  pay.   The
applicant did not provide  any  documentary  evidence  to  substantiate  his
contentions of errors in his medical records.  Overall, the Board must  rely
on  the  presumed  regularity  of  the  administrative  processes  that  are
documented in the applicant’s file.  The evidence of  record  shows  that  a
separation  physical  did  occur  and  the  applicant   has   not   provided
documentation  or  a  persuasive  argument   to   convince   us   otherwise.
Therefore, we agree with the assessment by the Air Force office  of  primary
responsibility and adopt their conclusions as our  findings  in  this  case.
Accordingly, the applicant’s request is not favorably considered.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

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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.

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The following members of the Board considered this application in  Executive
Session on 1 July 2004 and 26 July 2004, under the  provisions  of  AFI  36-
2603:

      Mr. John L. Robuck, Panel Chair
      Mr. Grover L. Dunn, Member
      Ms. Carolyn B. Willis, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2003-02350:

      Exhibit A.  DD Form 149, dated 3 Jul 03, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, BCMR Medical Consultant, dtd 20 Mar 04.
      Exhibit D.  Letter, SAF/MRBR, dated 5 May 04.
      Exhibit E.  Applicant’s Rebuttal, dated 30 Jun 04.




                                                   JOHN L. ROBUCK
                                                   Panel Chair