RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-03142
                                             INDEX CODE:  108.02
      XXXXXXXXXXXXXXXXX                 COUNSEL:  NONE

                                             HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be compensated for injuries to his legs, arm, back, and shoulders.

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APPLICANT CONTENDS THAT:

He was never compensated for the  injuries  to  his  legs,  arm,  back,  and
shoulders that he suffered when a weapons carrier in  which  he  was  riding
flipped over several times.

He has been going to the Veterans Administration (VA) since  the  1950s  for
his shoulder pain.  He cannot  fully  use  his  arms  and  lower  back,  and
suffers from depression and anxiety.  He was treated for ulcers when he  was
in the Army, and he went in 1-A and came out 4-F.

In support of his appeal, he has provided copies of two  VA  Form  21-4138s,
Statement in Support of Claim, a Radiology Report from the Portland, OR,  VA
Medical Center, an unsigned letter from a Portland, OR, VA National  Service
Officer, a letter from a Staff Physician at the  Portland,  OR,  VA  Medical
Center, a SAF/MRBR letter, dated 11 September  2007,  and  a  DD  Form  293,
Application for the Review of Discharge from the Armed Forces of the  United
States.

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

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STATEMENT OF FACTS:

The applicant was inducted into  military  service  on  or  about  9 January
1943, and was medically discharged on or about 22 February  1945  due  to  a
psychoneurosis which was manifested through  recurrent  abdominal  pain  and
emotional instability.  A Board of Officers determined that  his  conditions
existed prior to service (EPTS)

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial of relief, and  concludes  the
applicant’s chronic pain or functional impairment  currently  involving  his
shoulders,  back,  or  limbs,  likely  represents   the   expected   natural
progression of a degenerative process over time; or, as in the case  of  his
shoulder pain, likely resulted from an injury he sustained  after  discharge
from the military service.

The record reflects the applicant was  a  passenger  in  a  truck  roll-over
accident during a convoy driver training activity  on  26  August  1943.   A
follow-up injury report, dated 31 August 1943, listed a  determination  that
permanent partial disability is unlikely based  upon  the  present  clinical
assessment.  An additional follow-up injury report, dated 3 September  1943,
offered a detailed description of the location and dimensions of his  wounds
as a “traumatic injury of medical aspect of upper left  leg  (2”  X  1”),  a
puncture wound on the lateral aspect of upper third of left forearm,  and  a
deep laceration of the lateral aspect of the lower 1/3  of  the  left  arm”,
the latter wound repaired with three silk sutures or  stitches.   A  further
review of his record reflects that he was ultimately returned to full  duty,
yet continued  to  seek  and  receive  treatment  for  his  gastrointestinal
symptoms up through the date of his  discharge  and  thereafter.   During  a
special orthopedic examination conducted on 27  February  1948,  well  after
his discharge, he reported “There are no definite symptoms from  either  the
arm or the leg.”  In addition to a description of his traumatic  scars,  the
range of motion of his extremities were found to be good and  there  was  no
evidence of pain, tenderness, or adherence of the scars to  underlying  soft
tissue that would otherwise hinder  movement  or  functioning.   This  would
likely explain why his  injuries  sustained  on  26  August  1943  were  not
included as a basis for his discharge on 22 February 1945.

Despite the evidence of an EPTS  condition  that  resulted  in  his  medical
discharge, the VA granted the applicant  service-connection  and  disability
compensation for both his psychoneurosis and  peptic  ulcer  disease  on  or
about 20 July 1948.  On 13 May 1960, a VA  adjudicating  officer  determined
the  evidence  clearly  established  the   applicant’s   nervous   condition
preexisted service and did not show any incident which  would  serve  as  an
aggravating factor during military service,  and  recommended  the  service-
connection be discontinued.  Nonetheless, the applicant was either  able  to
maintain or re-establish service-connection for his medical complaints.

The Military Disability Evaluation System (MDES)  only  compensates  service
members for those medical  conditions  that  cut-short  a  service  member’s
career, and then only to the degree of impairment present  at  the  time  of
final disposition.  As  pertains  to  the  applicant,  the  traumatic  scars
resulting from his vehicular accident did not preclude  the  performance  of
military service and thus did not form the basis for referral to a  Physical
Evaluation  Board  and  subsequent  inclusion  in  his  medical   discharge.
Additionally, there was no evidence of a  chronic  musculoskeletal  disorder
at the time of his discharge and he did not develop chronic symptoms  within
the designated  one-year  period  following  his  separation  from  military
service.  Thus, no definitive connection  can  be  established  between  his
accidental  injuries  during  military  service  and   the   musculoskeletal
symptoms he currently experiences.

On the other hand, the Department of Veterans Affairs (DVA) is empowered  to
offer compensation for any  medical  condition  determined  to  be  service-
connected, without regard to  its  proven  or  demonstrable  impact  upon  a
service  member’s  retainability.   Unlike  the  MDES,  the  DVA   is   also
authorized to adjust  the  disability  rating  award  for  a  given  medical
condition should  the  level  of  impairment  vary  over  time.   Therefore,
although the DVA has given him service-connection for  the  traumatic  scars
resulting from his vehicular accident, there is no compelling evidence  that
the symptoms he currently experiences are  the  direct  result  of  injuries
sustained during military service.  This is  particularly  relevant  in  the
context of an absence of a documented periodic evaluation  and/or  treatment
of record for chronic shoulder pain (until a  1995  fall  upon  outstretched
hands), back pain, or leg pain for the several decades  following  the  date
of his initial injury and discharge from  military  service.   Additionally,
there is no documented occupational impairment for the several years  during
which he was employed in a hair  salon  (performing  hair-cutting,  washing,
and styling), presumably requiring prolonged standing and the  use  of  both
upper extremities for extended periods of time.  It is also  noted  the  DVA
has denied his  appeal  for  service-connection  for  a  shoulder  and  back
ailment.

The BCMR Medical Consultant evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  14
March 2008, for review and comment, within 30 days.   However,  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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of the  AFBCMR  Medical  Consultant  and
adopt his rationale as the basis for our conclusion the  applicant  has  not
been the victim of an error or injustice.   Therefore,  in  the  absence  of
evidence to the contrary, we find no compelling 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-2007-03142
in Executive Session on 1 May 2008, under the provisions of AFI 36-2603:

                       Mr. James W. Russell, III, Panel Chair
                       Ms. Jan Mulligan, Member
                       Mr. Kurt R. LaFrance, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Aug 07, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 12 Mar
                08.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Mar 08.




                                   JAMES W. RUSSELL, III
                                   Panel Chair