RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03345
INDEX CODE: 108.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show a Separation Program Designator (SPD)
code that would entitle him to Department of Veterans Administration
(DVA) benefits.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was told during his discharge processing that he would be eligible
for DVA benefits. His injury manifested itself while he was on active
duty. Further, it appears to him that his injury was not so serious
as to disqualify him from further military service.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant entered active duty on 17 June 1975. On 27 June 1975,
during Basic Military Training (BMT), he went to the medical clinic
complaining of pain under his left eye. He told medical personnel he
had been struck on the left eye by a fist four weeks prior.
Subsequent X-rays revealed a fracture of the zygomatic arch
(facial/cheek bone below the eye). An Ear, Nose and Throat (ENT)
specialist determined the presence of pain significant enough to cause
a disruption in the applicant’s training. On 30 June 1975, the
applicant submitted a letter requesting he be discharged while
admitting he did not meet the minimum standards of enlistment in the
Air Force. On 3 July 1975, a Medical Evaluation Board (MEB) was
convened and recommended he be discharged from the service by reason
of physical disability which existed prior to service (EPTS) and was
not aggravated thereby. He was voluntarily discharged on 9 July 1975
after having served a total of 23 days.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant recommends denial. The Medical
Consultant states that although his zygomatic fracture was not
discovered until he was on active duty, the injury occurred prior to
his service without service aggravation. Thus, action and disposition
in this case is proper and equitable reflecting compliance with Air
Force directives that implement the law.
The remaining pertinent medical facts are contained in the advisory
prepared by the BCMR Medical Consultant at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
10 August 2007 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 timely filed.
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 applicant's submission, we are not persuaded
that his uncorroborated assertion he was advised he would be eligible
for Veteran’s Administration benefits, in and of itself, is sufficient
to override the rationale provided by the Air Force. Consequently, we
agree with the opinion and recommendation of the AFBCMR Medical
Consultant and adopt his rationale as the basis for our decision that
the applicant has failed to sustain his burden of proof of having
suffered either an error or injustice. Therefore, in the absence of
persuasive 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 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 AFBCMR Docket Number BC-
2006-03345 in Executive Session on 20 September 2007, under the
provisions of AFI 36-2603:
Mr. Christopher D. Carey, Panel Chair
Mr. Gregory A. Parker, Member
Mr. James L. Sommer, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 October 2006, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, Medical Consultant, dated 9 August 2007
Exhibit D. Letter, SAF/MRBR, dated 10 August 2007.
CHRISTOPHER D. CAREY
Panel Chair
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