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AF | BCMR | CY2004 | BC-2003-03098
Original file (BC-2003-03098.doc) Auto-classification: Denied

                            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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