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AF | BCMR | CY2004 | BC-2003-04267
Original file (BC-2003-04267.DOC) Auto-classification: Denied


                       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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