RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2005-02451

            COUNSEL: NONE

            HEARING DESIRED:  NOT INDICATED


MANDATORY CASE COMPLETION DATE: 7 DECEMBER 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be changed to show discharge for a service disability.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 8 November 1973 he took  his  physical  at  Boston,  MA  and  he  had  no
disqualifying defects or communicable diseases were noted.

In support of his application, applicant submits  a  personal  statement,  a
copy of his DD Form 214, and a number of medical documents.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty on 30 November 1973. On 13 December  1973,
he presented to the clinic complaining of pain in the left  inguinal  region
(groin) when marching. Examination by a general surgeon diagnosed  a  hernia
and corrective surgery was recommended. On 3  January  1974,  the  applicant
declined surgery and desired  to  be  discharged.  On  11  January  1974,  a
Medical Evaluation  Board  (MEB)  concluded  the  applicant’s  disqualifying
condition existed prior  to  service,  was  not  permanently  aggravated  by
service,  and  recommended  administrative  discharge.  The  applicant   was
administratively discharged on 18 January 1974 under the provisions  of  AFM
39-10, Convenience of the Government, not meeting medical fitness  standards
at time of enlistment, after 1 month and 19 days on active  duty.  Following
separation,  the  applicant’s  claim  for   service   connected   disability
compensation from the Veterans Affairs was denied by rating  decision  dated
8 April 1974.

__________________________________________________________



AIR FORCE EVALUATION:

The BCMR  Medical  Consultant  recommends  denial.  The  Medical  Consultant
states  the  majority   of   inguinal   hernias   occurring   in   men   are
congenital/developmental in nature and many do  not  become  apparent  until
later in life. The surgeon who  evaluated  the  applicant  at  the  time  he
presented with symptoms in 1973 concluded his hernia was of the more  common
development  variety  and  no  incident  of   trauma,   strain   or   injury
contributing to or aggravating his condition was documented. The  conclusion
was upheld by the MEB. It is common for a mild inguinal hernia to be  missed
on en entrance examination. Medical principals and  evidence  overcomes  the
presumption of fitness. Action and disposition in this case are  proper  and
equitable reflecting compliance with Air  Force  directives  that  implement
the law.

BCMR Medical Consultant's 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  and
counsel on 11 September 2006 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  warranting  a  medical  discharge  or
promotion to  staff  sergeant.   Applicant’s  contentions  are  duly  noted;
however, we agree with the opinions 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.   The  surgeon
who evaluated the applicant at the  time  he  was  presented  with  symptoms
concluded his  hernia  was  the  more  common  development  variety  and  no
incident of trauma, strain or injury  contributing  to  or  aggravating  his
condition was documented. This conclusion was upheld  a  Medical  Evaluation
Board.  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 a 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-BC-2005-
02451 in Executive Session on 25 October 2006, under the provisions  of  AFI
36-2603:

                 Ms. Kathleen F. Graham, Chair
                 Mr. Gregory A. Parker, Member
                 Mr. Gary G. Sauner, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Aug 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 5 Sep 06.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Sep 06.





                                             KATHLEEN F. GRAHAM
                                             Panel Chair


AFBCMR
1535 Command Drive
EE Wing, 3rd Floor
Andrews AFB MD  20762-7002


      Reference your application submitted under the provisions of AFI 36-
2603 (Section 1552, 10 USC), AFBCMR BC-2005-02451

      After careful consideration of your application and military
records, the Board determined that the evidence you presented did not
demonstrate the existence of material error or injustice.  Accordingly,
the Board denied your application.

      You have the right to submit newly discovered relevant evidence for
consideration by the Board.  In the absence of such additional evidence,
a further review of your application is not possible.

      BY DIRECTION OF THE PANEL CHAIR





                                   RALPH J. PRETE
                                   Chief Examiner
                                   Air Force Board for Correction
                                   of Military Records

Attachment:
Record of Board Proceedings