RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03042
            INDEX CODE:  128.05
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 APR 2008

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APPLICANT REQUESTS THAT:

His records be corrected to reflect the grade of E-2.

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APPLICANT CONTENDS THAT:

He  was  injured  during  basic  training  and  was  promised  medical
treatment, but stripped of his rank and discharged.

In support of his request, the applicant provided a  copy  of  his  DD
214,  Armed  Forces  of  the  United  States  Report  of  Transfer  or
Discharge.

Applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s records reflect he enlisted in the Regular  Air  Force
on 7 June 1973, for a period of four years.

On 15 June 1973, he went to the clinic with complaints  of  a  painful
hernia.  He was referred for surgical evaluation and was admitted  for
further evaluation and treatment.  Based on the clinical findings, the
surgeon concluded the applicant’s condition was incompatible with  the
rigors of military training, recommended administrative discharge  and
determined his condition existed prior to service.  On 25 June 1973, a
Medical Evaluation Board reviewed his case and concluded  the  ventral
hernia was disqualifying for military service.  On 11  July  1973,  he
was separated  under  the  provisions  of  AFM  39-10,  Administrative
Separation of Airmen, for the  convenience  of  the  government,  (not
meeting medical fitness standards  at  the  time  of  enlistment)  and
received an honorable discharge.  He served a total of one  month  and
five days active duty service.  In 1979  the  Department  of  Veterans
Affairs denied his claim for service connected compensation.

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AIR FORCE EVALUATION:

DPPPWB recommends  denial.   DPPPWB  states  the  applicant’s  request
should be time barred.  Should the Board choose to  decide  the  case,
recommend the applicant’s request for restoration of rank be denied as
he did not serve the sufficient time required to  be  promoted  beyond
the grade of E-1.  There is no documentation in the applicant’s record
indicating he was ever promoted to or held the grade of E-2.

The DPPWB evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states in part, he entered the Air Force with one stripe
and after his discharge was notified he was busted down to E-1.

The applicant’s complete response is at Exhibit E.

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AIR FORCE ADDITIONAL EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical Consultant
states in part, the applicant had a lifelong hernia.  At the  time  of
his  enlistment  examination  he  reported   that   the   hernia   was
asymptomatic.  After one  week  of  basic  training  he  presented  to
medical attention for pain due to his hernia and reported that he  had
always had pain associated with this  condition.   Medical  evaluation
did  not  document  any  evidence  of  permanent  aggravation  of  the
condition and there existed no acute or emergency  need  for  surgical
correction.  No recommendation for  elective  corrective  surgery  was
made by military surgeons and such elective surgery for correction  of
existing prior to service defects is prohibited by policy.  Action and
disposition  in  this  case  are  proper  and   equitable   reflecting
compliance with Air Force directives that implement the law.

The Medical Consultant’s evaluation is at Exhibit F.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Copies of the additional Air Force evaluations were forwarded  to  the
applicant on 15 December and 1 May 2007, for review and comment within
30 days.  As of this date, no  response  has  been  received  by  this
office.

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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
applicant’s submission and the available evidence of  record,  we  are
not persuaded that the relief requested should be granted.  The  Board
notes, he did not serve the sufficient time required  to  be  promoted
beyond the grade of E-1 nor did he provide any official  documentation
showing he was promoted to the  grade  of  E-2.   In  the  absence  of
persuasive evidence to the contrary, we find  no  basis  to  recommend
granting the relief sought in this application.

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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.

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The following members of the Board considered Docket  Number  BC-2006-
03042 in Executive Session on 20 June 2007, under  the  provisions  of
AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Mr. Wallace F. Beard Jr., Member
                 Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 2 Oct 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Memo, AFPC/DPPPWB, dated 5 Dec 06.
   Exhibit D.  Letter, SAF/MRBR, dated 15 Dec 06.
   Exhibit E.  Letter, Applicant, dated 20 Dec 06.
   Exhibit F.  Memo, AFBCMR Medical Consultant, dated 20 Apr 07.
   Exhibit G.  Letter, AFBCMR, dated 1 May 07, w/atchs.





                                   THOMAS S. MARKIEWICZ
                                   Chair