RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01638
            INDEX CODE:  108.07
      xxxxxxxxxxxx     COUNSEL:  NONE
            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service medical records be amended to include two letters dated  31  Oct
05 and 10 Dec 05.

_________________________________________________________________

APPLICANT CONTENDS THAT:

It was not until he received his Combat Related Special Compensation  (CRSC)
denial that he noted the statement "was hit on left anterior shoulder  in  a
game 2-3 weeks ago" in the doctor's first evaluation.  He could  have  never
envisioned that CRSC would  disregard  an  entire  section  of  his  medical
records because of this statement and then reject the doctor's  letters  (31
Oct  05  and  10  Dec  05)  which  correct  inaccuracies  in  his   original
evaluation.

In support of his request, the applicant submits  medical  record  excerpts,
Veteran Affairs Rating Decision, CRSC Board decision  and  other  associated
documents.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 31 August 1989, the applicant voluntarily retired from the Air  Force  in
the grade of lieutenant colonel.  He served 20 years and 22 days  on  active
duty.  The applicant served as a fighter pilot flying the F-4 and the  F-16.


Available DVA records reflect a combined compensable rating of 70%  for  his
service-connected conditions.

His CRSC application was partially approved  on  27  May  05,  for  impaired
hearing  and  tinnitus.   His  request  for  compensation  for  degenerative
arthritis of the spine, intervertebral disc syndrome,  paralysis  of  median
nerve-Lt Upper, degenerative arthritis of the  spine,  paralysis  of  median
nerve-Rt  Upper,  scars  and  paralysis  of  sciatic  nerve-Lt   Lower   was
disapproved because there was no  evidence  to  confirm  these  disabilities
were   the   direct   result   of   armed   conflict,   hazardous   service,
instrumentality of war, or simulating war.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The BCMR Medical  Consultant
states that the conclusions the doctor reached are supported  by  references
to literature fourteen years ahead  of  the  date  of  the  original  clinic
visits and were not available to him at  that  time.   His  1985  notes  and
impressions should reflect his  best  medical  judgment  at  that  time  and
substituting  recent  information  into  the  applicant's  service   medical
records would be intellectually dishonest.  While  flying  high  performance
aircraft may have caused or contributed to his condition, the  inclusion  of
a medical opinion twenty years after the examination is inappropriate.   The
complete BCMR Medical Consultant's evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response to the Air Force evaluation, the applicant  requests  the  Board
contact his doctor by phone to further discuss his  case.   The  applicant's
complete letter, 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an  injustice  warranting  corrective  action.   The  applicant
requests his service medical records  be  amended  to  include  two  letters
provided by his former flight surgeon dated 31 Oct 05 and 10 Dec 05.   After
careful consideration of the facts of this case,  it  is  our  opinion  that
favorable consideration of his request is warranted.  We took  note  of  the
opinion rendered by the BCMR Medical Consultant  that  the  inclusion  of  a
medical  opinion  twenty  years  after  the  examination  is  inappropriate.
However, after careful consideration of the totality of  this  case,  it  is
our opinion that the letters  provided  by  the  applicant's  former  flight
surgeon  appropriately  reassess  his  previous  diagnosis  based  upon  the
availability of years of studies and other  additional  medical  data  which
provided no more than a better understanding  of  this  particular  type  of
injury.  Therefore, we do not find it  unreasonable  to  allow  his  revised
opinion to be included in the applicant's medical records.  Accordingly,  we
recommend the applicant's records be corrected as indicated below.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to  show  that  the  attached  letters  dated  31
October 2005 and 10 December 2005, be accepted  for  file  in  his  official
service medical records.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2006-01638
in Executive Session on 5 May 08, under the provisions of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Mr. Alan A. Blomgren, Member
                 Ms. Michael V. Barbino, Member

All members voted to correct the records,  as  recommended.   The  following
documentary  evidence  pertaining  to  Docket   Number   BC-2006-01638   was
considered:

    Exhibit A.  DD Form 149, dated 22 May 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 25 Jun 07.
    Exhibit D.  Letter, AFBCMR, dated 26 Jun 07.
    Exhibit E.  Letter, Applicant, dated 27 Aug 07, w/atchs.





                                   THOMAS S. MARKIEWICZ
                                   Chair


AFBCMR BC-2006-01638




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to xxxxxxxxxxxxxxxxxxxxx, be corrected to show that the attached
letters dated 31 October 2005 and 10 December 2005, be and hereby are,
accepted for file in his official service medical records.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

Attachments:
Letters, dated 31 October 2005 and 10 December 2005