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AF | BCMR | CY2005 | BC-2004-00621
Original file (BC-2004-00621.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-00621
            INDEX NUMBER: 100.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Mistakes in his medical records be corrected.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

His medical records are missing information,  contain  documents  that  list
his serial number incorrectly, and contain blank pages.

In support of the  appeal,  applicant  submits  extracts  from  his  medical
records.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air  Force  on  3
April 1953.  He was progressively promoted to  the  grade  of  airman  third
class.  A 5 March 1957 physical examination determined he was qualified  for
separation.  He received an honorable discharge on 2 April 1957,  under  the
provisions of AFR 39-10 (Expiration Term of Service).

_________________________________________________________________

AIR FORCE EVALUATION:

AFMSA/SGOZ recommends the Department of Veterans Affairs (DVA)  be  provided
the applicant’s correct service number since the  incorrect  service  number
can be corrected on the original records by a simple  pen  and  ink  change.
However, AFMSA/SGOZ recommends the remainder of the  application  be  denied
and states, in part, that amendment of erroneous  data  in  medical  records
should be made by the originating practitioner.  Since the documentation  in
question was created in  1954,  it  is  impossible  to  determine  what  the
missing information might be.  Further, his original records are  no  longer
in the possession of the Air Force,  since  they  have  been  in  the  DVA’s
possession since they were provided to them in 1954.  In view of  this,  and
since the Air Force is not required to create and retain copies  of  retired
medical records, the Air Force no longer has any files to either confirm  or
refute his contentions that his medical record  is  missing  information  or
what the missing information might be.

The AFMSA/SGOZ 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 November 2004 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.   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-2004-00621
in Executive Session on 11 January 2005, under the  provisions  of  AFI  36-
2603:

                       Mr. Gregory H. Petkoff, Panel Chair
                       Mrs. Barbara R. Murray, Member
                       Mr. Patrick C. Daugherty, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFMSA/SGOZ, dated 8 Nov 04.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Nov 04.




                                   GREGORY H. PETKOFF
                                   Panel Chair

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