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AF | BCMR | CY2008 | BC-2007-02565
Original file (BC-2007-02565.doc) Auto-classification: Denied

 RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-02565
            INDEX CODE: 110.00
      XXXXXX                      COUNSEL:  NONE
                                   HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be amended to include  a  statement  describing  how  his  knee
injury occurred.

________________________________________________________________

APPLICANT CONTENDS THAT:

While he was on a crash recovery mission on or about 19 February  1970,  he
stretched to reach for an item lodged in a crevice. The section of the rock
he was using as a handhold broke loose causing him to fall from the  height
of about a two-to-three story building.  He landed feet first  and  buckled
both knees.  Upon impact, both of his lower legs  extended  outwards  at  a
right angle from his knees.  He experienced pain in his legs and knees.  He
received cuts and contusions to his legs/knees and his  knees  also  became
swollen. He received limited field treatment; however, he had to remain  in
the bivouac area for another two  days  before  being  transported  to  the
emergency room at George AFB, California.  He indicated to the physician he
had fallen from the height of a two-to-three story building.  His right leg
was placed in a cast for approximately eight weeks.   After  rehabilitation
he was returned to duty but continued to have problems with his right  knee
"locking up" or "coming out of joint" as evidenced by his  medical  records
and he still has these problems.  He realizes the initial  injury  occurred
over 30 years ago; however, he  brought  the  error  to  the  attention  of
medical authorities but does not have  an  explanation  why  he  was  never
provided with copies of the records.

In support of his request, the applicant submits a  personal  statement,  a
temporary Duty (TDY) order and documentation  extracted  from  his  medical
records.

His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant initially entered the Air Force on 15 May 1967.  On  30  June
1987 he was retired in the grade of master sergeant.  He served a total  of
20 years, 1 month and 16 days on active duty.

________________________________________________________________

AIR FORCE EVALUATION:

AFMOA/SG3SA recommends  denial.   SG3SA  states  according  to  AFR  168-4,
Administration of Medical Activities, 18 January 1987  (earliest  available
edition),  chapter  7,  paragraph  7-12.1  "To   correct   medical   record
documentation without creating suspicions  of  record  tampering,  use  the
following procedures:  If an error is identified near in time to  the  date
of the erroneous entry and the practitioner(s) involved has present  memory
of the circumstances (general rule)" then the corrective steps  are  taken.
There is no documentation provided from  George  AFB  to  substantiate  the
claim and the provider can no longer be contacted.

The complete SG3SA 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  26
October 2007 for review and comment within 30 days.  As of this date,  this
office has received no response (Exhibit D).

________________________________________________________________

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 find no evidence of  an  error  in
this case and are not persuaded by his assertions, that  he  has  been  the
victim  of  an  error  or  injustice.   We  agree  with  the  opinion   and
recommendation of AFPC/SG3SA and adopt  its  rationale  as  basis  for  our
conclusion that the  documentation  provided  does  not  susbstantiate  his
claim.  Therefore, in the absence of evidence to the contrary, we  find  no
compelling basis upon which to favorably consider this application.

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 issues  involved.  Therefore,  the  request  for  a
hearing is not favorably considered.

________________________________________________________________

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-2007-
02565 in Executive Session on 3 January 2008, under the  provisions  of  AFI
36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Joseph D. Yount, Member
      Ms. Teri G. Spoutz, Member

The following documentary evidence pertaining to AFBCMR Docket  Number  BC-
2007-02565 was considered:

      Exhibit A. DD Form 149, dated 10 August 2007, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFMOA/SG3SA, dated, 18 October 2007.
      Exhibit D. Letter, SAF/MRBR, dated 26 October 2007.





                                   MICHAEL K. GALLOGLY
                                   Panel Chair


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