RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01932
INDEX CODE:
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 20 DECEMBER 2005
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show his shoulder and arm wounds were
caused by an aircraft accident when a courier C-47 crashed near where
he was working on the ground, rather than by a human bite.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He sustained a wound to his left arm as a result of an aircraft crash.
He was on the ground and when the C-47 crashed, a piece of metal or
something caused a gash in his arm.
During his attempts to seek medical care he was asked a number of
questions by a very obnoxious doctor who asked him if he had been in a
fight. He gave a smart reply, in order to get some sort of medical
treatment, telling the doctor that he had been bit by the guy he was
fighting. He had no idea that would have been entered into in his
medical records.
In support of the appeal, applicant submits two personal statements, a
copy of a Statement in Support of Claim from the Department of
Veterans Affairs and several medical documents.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Complete copies of the applicant’s military personnel and medical
records were unavailable for review. The following information was
extracted from the limited available records.
Applicant was inducted and entered into active service on 2 June 1942.
He was assigned to duties in the Signal Corps and the Army Air Corps,
and, was progressively promoted to the grade of corporal. He was
assigned to the European Theater of Operations on 19 March 1945 and
was assigned to duties as a radar repairman and participated in the
Rhineland campaign.
In a service medical record provided by the applicant, a military
physician indicated, during the period 26 September 1945 to 8 October
1945, the applicant was treated for an infected human bite wound to
the left arm, incurred during a fight on 17 September 1945 in Namur,
Belgium.
The applicant was returned to the Continental United States on
19 February 1946. He was honorably discharged because of
demobilization on 27 February 1946, having served 3 years, 8 months
and 26 days on active duty, of which 11 months and 10 days was foreign
service. He was entitled to the Good Conduct Medal, the American
Theater Service Medal and the European-African-Middle Eastern Medal.
_________________________________________________________________
AIR FORCE EVALUATION:
NONE PROVIDED.
_________________________________________________________________
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. The applicant requests his
medical records be changed concerning the cause of injury he sustained
on or before 26 September 1945. However, other than his own
unsupported assertions, the applicant has provided no documentary
support for his request. Therefore, based upon the presumption of
regularity in the conduct of governmental affairs and without evidence
to substantiate his allegations of error or injustice, we find no
basis upon which to favorably consider 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 this application in
Executive Session on 17 May 2005, under the provisions of AFI 36-2603:
Ms. B. J. White-Olson, Panel Chair
Ms. Patricia R. Collins, Member
Ms. Janet I. Hassan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 May 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
B. J. WHITE-OLSON
Panel Chair
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