RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00597
INDEX NUMBER: 108.00
XXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
Injuries he sustained in the military be listed in his records as
service connected.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He sustained a number of injuries during his active duty service that
have lingered and continue to cause him problems. In support of his
appeal, applicant provides a summary of injuries he sustained and
copies of recent medical records.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Air Force on 7 Nov 60. In
Aug 64, the applicant requested early release from the Air Force for
the purpose of attending college. His request was approved and
applicant was separated from service on 4 Sep 64.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant recommends denial of the applicant’s
request. Evidence of record indicates that the applicant performed
his duties in a satisfactory manner up to the time of his voluntary
release from active duty. The absence of service medical records
makes it impossible to assess what medical conditions were incurred or
existed while the applicant was on active duty. However, evidence is
sufficient to conclude there were no conditions that interfered with
performance of duty and therefore required processing through the
disability evaluation system.
The complete 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
27 Jul 04 for review and comment within 30 days. To date, a response
has not been received.
_________________________________________________________________
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 agree with the opinion and recommendation of the Air
Force office of primary responsibility and adopt its rationale as the
basis for our conclusion that the applicant has not been the victim
of an error or injustice. Therefore, in the absence of 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 Docket Number BC-2004-
00597 in Executive Session on 1 September 2004, under the provisions
of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. John E.B. Smith, Member
Ms. Kathy L. Boockholdt, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Feb 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, BCMR Medical Consultant,
dated 22 Jul 04.
Exhibit D. Letter, AFBCMR, dated 27 Jul 04.
THOMAS S. MARKIEWICZ
Chair
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