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AF | BCMR | CY2006 | BC-2004-03503
Original file (BC-2004-03503.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03503
            INDEX CODE:  108.02  110.02
            COUNSEL:  None

            HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  3 Jun 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Apr 64  honorable  release  from  active  duty  be  changed  to  a
discharge for medical disability with entitlement to severance pay for
a right-ring finger injury incurred in Jan 62.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The record does not reveal the “accual [sic]  compensation  for  [his]
injury of Jan 1962.”

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 19 Apr  60,  for  a
period of four years and served as a jet engine mechanic.

A 25 Jan 62 medical entry indicated the  applicant  caught  his  right
third finger in an engine bracket mount.  He sustained a  fracture  of
the tip of the  finger  and  a  puncture  wound  that  healed  without
incident.  The applicant continued to serve as a mechanic.

The applicant made  no  complaint  regarding  the  finger  during  his
separation medical exam on 19 Mar 64.  On 17 Apr 64, he was  honorably
released from active duty at the expiration of  his  term  of  service
(TOS), in the grade of airman first class (A1C),  after  3  years,  11
months and 29 days of active service, and transferred to the Air Force
Reserves  (USAFR).   On  18 Apr  66,  after  completing  his  military
obligation, he was honorably discharged from the USAFR in the grade of
A1C.

In 1981, the applicant filed a claim with the Department  of  Veterans
Affairs (DVA) for the finger injury.  Apparently, two previous  claims
had been  denied.   He  complained  of  periodic  pain,  numbness  and
tingling.  He indicated that, in 1972, he re-injured the finger  while
working with a drill fixture, which resulted  in  multiple  fractures,
laceration, and nail dislocation.  He contended loss of sensation from
the first injury resulted in the second injury, making the hand clumsy
and precluding him from working as a mechanic.  His claim  was  denied
on 2 Feb 82, and again on 9 Mar 00.

In Nov 04, the applicant filed an appeal,  seeming  to  ask  that  his
“compensation checks” be sent to him because his  mother  and  brother
had been taking his checks since 1964.  However, SAF/MRBR (the  AFBCMR
intake office at Randolph AFB, TX) confirmed with the  Air  Force  and
the DVA that the applicant was not receiving  checks  from  either  of
them.  On 9 Nov 04, SAF/MRBR advised the  applicant  that  no  records
indicated he was processed under the Air Force  Disability  Evaluation
System (AFDES) and, unless  he  was  retired  by  reason  of  physical
disability, there would be no basis to receive compensation  from  the
Air Force.  The DVA confirmed he was not receiving compensation checks
from that organization.  SAF/MRBR  returned  the  application  without
action and closed the case as the applicant’s request was unclear.

On 29 Dec 04, the applicant filed the current appeal.

_________________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR Medical Consultant explains the differences between the Air
Force and DVA disability systems.  Evidence of the  record  shows  the
applicant’s in-service finger injury did  not  render  him  unfit  for
continued military service and did not warrant processing through  the
AFDES.  Action and disposition in this case were proper and equitable,
reflecting compliance with Air Force  directives  that  implement  the
law.  Therefore, denial is recommended.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided  a  15-page  handwritten  statement  and  other
documents.  He contends his injury did adversely impact his ability to
perform his job.  His finger was very  painful,  especially  when  the
weather was cold and he bumped it.  He was going to  go  to  the  base
hospital but then was interrupted by the demands of the Cuban  Missile
Crisis.  He also did not want to jeopardize his promotion.  He  claims
the Air Force did attempt to settle with him about the injury, that he
was to receive his base pay every month.  He contends his mother stole
his compensation checks for over 30 years.  He  discusses  his  family
situation regarding his mother, brother and sister,  and  requests  an
investigation into his circumstances.

A complete copy of  applicant’s  response,  with  attachments,  is  at
Exhibit E.
_________________________________________________________________

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  the  applicant’s  submission,  we  are  not
persuaded he is eligible for a medical discharge with  severance  pay.
As evidenced by his available military personnel and  medical  records
and noted by the  AFBCMR  Medical  Consultant,  the  applicant’s  1962
injury to his finger while in the Air Force did not render  him  unfit
or warrant processing through the AFDES.  The medical entry  indicated
the injury healed without incident, and he made no complaint regarding
the finger during his separation medical exam in 1965.  The  applicant
apparently re-injured his finger in 1972, years after  his  separation
from the military.  The DVA has  denied  the  applicant’s  claims  and
confirmed he receives no disability checks from them.   The  applicant
requests an investigation into the alleged theft of  his  compensation
checks by his family members.  However, the AFBCMR  does  not  contact
witnesses in behalf of an applicant, nor is it an investigative  body.
The burden of providing sufficient evidence of probable material error
or injustice  rests  with  each  applicant  and,  in  this  case,  the
applicant has not  met  his  burden.   We  therefore  agree  with  the
recommendations  of  the  AFBCMR  Medical  Consultant  and  adopt  the
rationale expressed as the basis for our finding no  compelling  basis
on which 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  this  application  in
Executive Session on 12 January 2006 under the provisions of  AFI  36-
2603:

                 Mr. Laurence M. Groner, Panel Chair
                 Ms. LeLoy W. Cottrell, Member
                 Ms. Cheryl V. Jacobson, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2004-03503 was considered:

  Exhibit A.  DD Form 149, dated 29 Dec 04, w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, AFBCMR Medical Consultant, dated 30 Nov 05.
  Exhibit D.  Letter, SAF/MRBR, dated 30 Nov 05.
  Exhibit E.  Letter, Applicant, dated 14 Dec 05, w/atchs.





                                   LAURENCE M. GRONER
                                   Panel Chair

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