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AF | BCMR | CY2005 | BC-2004-01919
Original file (BC-2004-01919.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-01919
            INDEX NUMBER: 100.00

      XXXXXXX    COUNSEL:  DAV

      XXXXXXX    HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  20 DEC 05

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be compensated for a severe back injury that occurred  while  he  was  on
active duty.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In July 1946, his jeep was broadsided by a German civilian truck and he  was
pinned underneath the jeep.  He was treated at a German  civilian  hospital,
told that his back was broken, and was placed in a body cast.   Despite  the
fact that he suffers from chronic back pain as a result of the  injury,  the
Department of Veterans Affairs (DVA) has denied him compensation  due  to  a
lack of medical documentation.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former member of the Army Air Corps who served on  active
duty from 26 June 1944 through 12 September 1946.  He  was  commissioned  in
the Air National Guard (ANG) on 1 July 1949.  He  was  honorably  discharged
from the ANG on  26  August  1966  and  assigned  to  the  Honorary  Retired
Reserve.  He completed a total of  23  years,  8  months,  and  20  days  of
honorable federal service; however, only 17 years, 6 months, and 24 days  is
satisfactory service.

_________________________________________________________________





AIR FORCE EVALUATION:

The BCMR  Medical  Consultant  recommends  the  application  be  denied  and
states, in part, that there is no primary  medical  documentation  for  care
rendered for a back injury incurred in November 1945 that is referred to  in
the 21 July 1946 medical examination.  Further, applicant’s records  contain
seven periodic medical examinations between  June  1948  and  February  1964
none of which report a history of back injury or a  complaint  or  diagnosis
of a back condition.  The AFBCMR has  no  jurisdiction  over  decisions  and
documentation made by the DVA and does not have the authority  to  render  a
determination  regarding  a  condition’s  service  connection.   Regardless,
medical records are legal documents that should  not  be  altered.   Medical
record entries cannot be created by physicians  who  did  not  evaluate  and
treat the patient  at  the  time  of  injury  or  illness,  or  for  medical
encounters that did not occur.   Unfortunately,  the  medical  documentation
the applicant seeks apparently does not exist and cannot  be  created  based
on recollection sixty years later.

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 10 June 2005 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  BCMR  Medical  Consultant  and
adopt his 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-2004-01919
in Executive Session on 13 July 2005, under the provisions of AFI 36-2603:

                       Mr. Joseph G. Diamond, Panel Chair
                       Mr. Wallace F. Beard, Jr., Member
                       Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 8 Jun 05.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Jun 05.




                                   JOSEPH G. DIAMOND
                                   Panel Chair

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