RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-04267
INDEX CODE: 108.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The discharge medical examination (Report of Medical History) be
corrected.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The entry on the discharge medical examination attributing his joint
problems to his jaundice is incorrect. He believes he was denied
service connection for his gastrointestinal problems by the Department
of Veterans Affairs (DVA) as a result of the entry.
In support of his appeal, the applicant provided an expanded
statement, a personal statement, and extracts from his medical
records, to include his discharge medical examination.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s available military personnel records indicate he enlisted
in the Regular Air Force on 8 Feb 55 for a period of four years. He
was released from active military service on 26 Sep 58 under the
provisions of AFR 39-14 (Marginal Producer), with a service
characterization of under honorable conditions. He was credited with
3 years, 7 months, and 19 days of active service.
The facts pertaining to the applicant’s medical conditions are
discussed in the advisory opinion provided by the Medical Consultant
at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The Medical Consultant recommended denial noting the applicant was
denied service connection for gastrointestinal disease by the DVA
because his service medical records showed no history of chronic
gastrointestinal disease while he was in the service. His enlistment
and discharge medical examinations documented a history of jaundice
prior to his entering the Air Force. His service medical records
showed no treatment for chronic gastrointestinal disease nor were
entries found for acute gastrointestinal disease such as diarrhea or
viral gastroenteritis. The discharge medical exam indicated that pre-
service problems with swollen and painful joints followed an episode
of jaundice and that the applicant continued to experience occasional
joint problems while in the service. The entry attributed the joint
problems to episode of jaundice.
According to the Medical Consultant, jaundice itself does not cause
joint problems but a variety of diseases including liver disease and
hematologic diseases can cause joint swelling and pain. There was no
further medical documentation to determine the cause of the
applicant’s jaundice at age 15 and any relationship to joint symptoms.
Regardless, whether or not joint problems were associated with the
pre-service jaundice has no bearing on the DVA’s determination of
service connection for gastrointestinal disorders occurring after the
applicant’s discharge. In the Medical Consultant’s view, the
preponderance of the evidence indicated there was no error or
injustice warranting a correction of records.
A complete copy of the Medical Consultant’s evaluation is at Exhibit
C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 1 Jun
04 for review and response. As of this date, no response has been
received by this office (Exhibit D).
_________________________________________________________________
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 notice of the
applicant's complete submission in judging the merits of the case.
However, we do not find it sufficient to override the rationale
provided by the Medical Consultant. No evidence has been presented
which shows to our satisfaction the entry on his discharge medical
examination attributing his joint problems to jaundice was the cause
of his denial of DVA benefits for gastrointestinal problems. In view
of the foregoing, and in the absence of evidence to the contrary, we
agree with the recommendation of the Medical Consultant and adopt his
rationale as the basis for our decision the applicant has failed to
sustain his burden of establishing he has suffered either an error or
an injustice. Accordingly, 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-
2003-04267 in Executive Session on 14 Jul 04, under the provisions of
AFI 36-2603:
Ms. Olga M. Crerar, Panel Chair
Mr. Michael J. Novel, Member
Mr. Robert S. Boyd, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Dec 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, Medical Consultant, dated 19 May 04.
Exhibit D. Letter, SAF/MRBR, dated 1 Jun 04.
OLGA M. CRERAR
Panel Chair
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