RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01040
COUNSEL: NONE
HEARING DESIRED: YES
___________________________________________________________________
APPLICANT REQUESTS THAT:
1. His medical records be corrected to include he had jungle rot.
2. The documents in his records referring to gonorrhea be removed.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was hospitalized and treated in Tokyo for jungle rot where his
feet required 50 shots of antibiotics. He believes his records are
incomplete and wrong. One document in his medical records shows he
had gonorrhea which he did not have; there were no females on the
island of Iwojima making it impossible to have contracted such a
disease.
The applicant does not provide additional documents to support his
request.
His complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 29 Nov 48. The
applicant was listed as a deserter on 13 Aug 52 and was returned to
his station where he awaited a trail by Courts-Martial. He
received a general discharge on 24 Oct 52 in the grade of airman
basic after serving 3 years, 10 months, and 24 days.
___________________________________________________________________
AIR FORCE EVALUATION:
AFMOA/SGAT recommends denial. SGAT states the applicants medical
records do not reveal his claim of being treated for jungle rot to
his feet. He does not provide any documentation to support or
contest his claim regarding the falseness of the document in his
medical records regarding the gonorrhea.
The SGAT complete 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 20 Nov 09 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 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 Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no basis to recommend
granting the relief sought in 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-2009-01040 in Executive Session on 7 Jan 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Mar 09.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFMOA/SGAT, dated 23 Oct 09.
Exhibit D. Letter, SAF/MRBR, dated 20 Nov 09.
Panel Chair
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