RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01803
INDEX NUMBER: 134.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 3 DECEMBER 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
Erroneous information regarding a knee injury occurring prior to his entry
into military service be removed from his record.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The individual that raised him lied to the Army in an attempt to keep him
out of service.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty with the Army Air Force on 11 Jul 44
and was separated on 4 Jul 46 for Convenience of the Government with an
honorable discharge.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial of the applicant’s request.
The applicant requests removal of information in the service medical record
regarding a pre-service knee injury in order to influence a determination
of service connection by the Department of Veterans Affairs (DVA). The
AFBCMR has no jurisdiction over decisions and documentation made by the DVA
and does not have the authority to render a determination of service
connectedness for the purpose of a DVA disability determination under Title
38. There is no evidence the entries in the service medical record are in
error or that the source of information was other than the applicant
himself.
The complete 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 14 Jul
06 for review and comment within 30 days. To date, a response has not been
received.
_________________________________________________________________
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 evidence has been presented to demonstrate the existence
of probable error or injustice. After reviewing the applicant’s submission
and the evidence of record, we are not persuaded that the applicant’s
records are in error or that he has been the victim of an injustice. Other
than his own contentions, the applicant has not provided any evidence which
substantiates that the information contained in his military personnel
records pertaining to his knee injury was entered in error. Therefore, in
view of the aforementioned and absent evidence to the contrary, we find no
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 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 25 August 2006, under the provisions of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Ms. Jan Mulligan, Member
Mr. Gregory A. Parker, Member
The following documentary evidence was considered in AFBCMR BC-2005-01803:
Exhibit A. DD Form 149, dated 28 Jun 05, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Med Consultant, dated 11 Jul 06.
Exhibit D. Letter, SAF/MRBR, dated 14 Jul 06.
MICHAEL J. NOVEL
Panel Chair
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