RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-02707
                                       INDEX CODE:  112.10
      XXXXXXXXXXXXXXXXXXX               COUNSEL: NONE

      XXXXXXXXXXX                            HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  4 March 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be changed to delete a diagnosis of  spina  bifida  occulta  and
indicate his back  pain  was  aggravated  by  service  in  order  to  obtain
Department of Veterans Affairs (DVA) benefits.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The Air Force diagnosed him with a condition he never had, which led to  his
discharge  from  the  military.   He  never  had  spina  bifida  occulta  or
spondylolysis of L-5 prior to  basic  training.   His  back  was  aggravated
during basic training.

In support of his appeal, the applicant provides  a  personal  statement,  a
copy of his Medical Board Report, military  and  civilian  medical  records,
and  an  Adjudication  Officer  response  to  the  applicant’s  request  for
disability   benefits.    The   applicant’s   complete   submission,    with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s case is limited to documents  submitted  by  the  applicant.
No service personnel record or  service  medical  record  is  available  for
review.  According to the applicant’s  DD  Form  214,  he  enlisted  in  the
Regular Air Force on 5 April 1971, at the age of 19 in the grade  of  airman
basic (E-1) for a period of four years.

A clinical record and Medical Board Report, dated 29 April  1971,  indicates
the applicant was evaluated by Orthopedics following  a  complaint  of  back
pain.  The clinical  record  indicates  the  applicant  had  a  longstanding
history of back problems following an auto  accident  occurring  four  years
earlier.  The attending physician and medical board diagnosed the  applicant
with  spina  bifida  occulta  (non-fusion  of  the  spinous  process)   with
spondoylolysis of L5, which existed prior to  service  and  not  permanently
aggravated  by  service.   The  Medical  Board  indicated  the   applicant’s
physical defect precluded full utilization  in  the  military  service,  and
recommended application for discharge be approved.

The applicant was honorably  discharged  effective  6  May  1971  under  the
provisions of AFM 39-10, paragraph 3-8G (Convenience of the  Government;  to
Correct Erroneous Enlistment or Induction).  He had  served  one  month  and
two days on active duty.

In response to a SAF/MRBR letter,  dated  5  November  2004,  the  applicant
provided a copy of his DD Form  214,  Armed  Forces  of  the  United  States
Report of Transfer or Discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant  is  of  the  opinion  that  no  change  in  the
applicant’s records is warranted.  The BCMR  Medical  Consultant  states  x-
rays performed on the applicant’s  back  in-service  are  reported  to  have
shown both spina bifida occulta and spondylolysis of the L5  vertebra.   The
applicant’s unfitting back condition was determined to  have  existed  prior
to service and to not have been permanently  aggravated  by  service  beyond
the natural progression of the  condition;  therefore,  not  qualifying  for
disability compensation.  The Department  of  Veterans  Affairs  (DVA)  also
denied the applicant service connection for back pain in 1971.

It is the BCMR Medical Consultant’s opinion that the  preponderance  of  the
submitted evidence does not support  an  error  in  the  submitted  military
records.  Action and disposition in this  case  were  proper  and  equitable
reflecting compliance with Air Force  directives  that  implement  the  law.
The BCMR Medical Consultant’s 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  8
April 2005, for review and comment within 30 days.  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 an error or injustice.   We  took  notice  of  the  applicant's
complete submission in  judging  the  merits  of  the  case.   However,  the
applicant has provided no  evidence  which,  in  our  opinion,  successfully
refutes  the  assessment  of  his  case  by  the  BCMR  Medical  Consultant.
Therefore, we agree with the recommendation of the BCMR  Medical  Consultant
and adopt his opinion as our findings in this case.  In view of  the  above,
we find no basis to favorably consider the applicant’s request.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 14 June 2005, under the provisions of AFI 36-2603:

            Mr. Michael J. Novel, Panel Chair
            Ms. Patricia R. Collins, Member
            Mr. Vance Lineberger, Member

The following documentary evidence for AFBCMR  Docket  Number  BC-2004-02707
was considered:

    Exhibit A.  DD Form 149, dated 23 Aug 04, with atchs.
    Exhibit B.  Applicant's Reconstructed Personnel Record.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 5 Apr 05.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Apr 05.




                                  MICHAEL J. NOVEL
                                  Panel Chair