RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02289
INDEX NUMBER: 100.00
COUNSEL: DAV
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Wounds and injuries he incurred while serving in the military be properly
recorded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He states that the company clerk failed to enter proper medical wounds
received at the time he departed his outfit. Due to the failure to
properly document his wounds, the Department of Veterans Affairs (DVA) will
not grant him service-connected disability for his medical conditions.
In support of the appeal, the applicant submits a statement from his
physician stating that he suffers from cervical arthritis, chronic tenitus
(sic), and atherosclerotic heart disease.
Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was inducted into the Army Air Corps on 16 May 1942. On 6 June
1945, he was discharged and accepted a commission as a second lieutenant.
On 22 December 1945, he was discharged from his commission.
The pertinent facts surrounding applicant’s medical problems while serving
in the military are contained in the letter prepared by the Chief Medical
Consultant, which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief Medical Consultant reviewed this application and indicated that
more detailed or definitive reconstruction of the medical facts from the
time the applicant was on active duty is not possible. His 16 October 1945
separation physical examination represents the complete official summary of
his service injuries. Review of his files finds no evidence the separation
medical examination was in error or incomplete. Determining the
relationship of his current medical records with the documented in-service
injuries and illnesses is the purview of the DVA and not the AFBCMR. The
Medical Consultant finds no evidence to warrant any change in the
documentation from the time he was on active duty and recommends denial of
the relief requested.
The BCMR Medical Consultant’s evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 19 December 2003 for review and response within 30 days. However, 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. After a thorough review of the evidence
of record and applicant’s submission, we are not persuaded that relief
should be granted. Applicant’s contentions are duly noted; however, we do
not find these assertions, in and by themselves, sufficiently persuasive to
override the rationale provided by the BCMR Medical Consultant. The BCMR
Medical Consultant has more than adequately addressed applicant’s
contentions and we agree with his opinion and adopt the rationale expressed
as the basis for our decision that the applicant has failed to sustain his
burden that he has suffered either an error or an injustice. Hence, we
find no compelling basis to recommend granting the relief sought.
_________________________________________________________________
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-2003-02289
in Executive Session on 21 January 2004, under the provisions of AFI 36-
2603:
Ms. Brenda L. Romine, Panel Chair
Mr. James A. Wolffe, Member
Ms. Rita J. Maldonado, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Jun 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 12 Nov 03.
Exhibit D. Letter, SAF/MRBR, dated 19 Dec 03.
BRENDA L. ROMINE
Panel Chair
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