RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03098
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: Not Indicated
_________________________________________________________________
APPLICANT REQUESTS THAT:
His medical record be corrected to reflect that his service-connected
medical condition, traumatic arthritis, be diagnosed as impact traumatic
caused by combat assault landings.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He suffered sudden whipping of his head, neck, and back due to combat
assault landings in HC-130 aircraft.
In support of his request, applicant provided documentation extracted from
his Department of Veterans Affairs (DVA) rating decision. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 3
Dec 79. He was progressively promoted to the grade of master sergeant,
having assumed that grade effective and with a date of rank of 1 Mar 95.
He served as a Telephone Systems Specialist and an Airborne Communications
Systems Technician. He voluntarily retired from the Air Force on 1 Aug 00.
He served 23 years, 7 months, and 25 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The Medical Consultant
states there is no evidence in the medical records of back or neck injury
or complaints of neck or back pain while performing duties involving
flying. The records show evidence of minor neck and back injuries at other
times both before and after the time he served on flying status. His
duties as a telephone systems technician for many years and other
documented injuries are far more likely to have contributed to the
development of degenerative back disease than the brief time he served as
an
airborne communications specialist. The Medical Consultant Evaluation is
at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 20 Feb
04 for review and comment within 30 days. As of this date, this office has
received no response.
_________________________________________________________________
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. We took note of the applicant's complete
submission along with the evidence of record in judging the merits of this
case. However, we agree with the opinion and recommendation of the BCMR
Medical Consultant and adopt his rationale as the basis for our conclusion
that the applicant has not been the victim of an error or injustice.
Accordingly, in the absence of persuasive 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 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 BC-2003-
03098 in Executive Session on 28 Sep 04, under the provisions of AFI 36-
2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Terry L. Scott, Member
Mr. James W. Russell III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Sep 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR, Medical Consultant, dated 27 Jan 04.
Exhibit D. Letter, SAF/MRBR, dated 20 Feb 04.
CHARLENE M. BRADLEY
Panel Chair
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