RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02895
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His records be amended to reflect an injury he received during
his military service.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He was injured while operating a supply truck and even though he
was treated for his injuries, they are not correctly documented
in his record. He needs his injuries documented correctly to
support his claim with the Department of Veterans Affairs (DVA).
The failure of his superiors or the hospital to fill out the
paperwork (Air Force Material Command) (AFMC) Form 12, Record of
Injury/Illness and Treatment, has resulted in withholding of DVA
disability compensation and he has had to file the AFMC Form 12
himself to fix the oversight.
In support of his appeal, the applicant provides a copy of a
Radiologic Consultation Request/Report, undated; email
correspondence; and AFMC Form 12, undated, and not signed by a
military medical officer.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was relieved from active duty and retired
effective 1 March 2003. He was credited with 22 years,
3 months, and 16 days of active duty.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFMOA/SGAT recommends denial. After a review of the applicants
request and documentation provided, they determined that there
was not enough evidence to approve the request. Without the
supporting medical record documentation from the date of the
applicants self-reported injury on 20 April 1996 through
31 May 1996, they are unable to approve the request.
Additionally, they note it is unclear exactly who directed the
applicant to complete the AFMC Form 12. If the applicant
completed this form on himself, he should state what occurred
and who treated him; however, he cannot complete the medical
officers portion or sign the medical officers name, which,
based on the copy provided, appears to be the case.
The complete AFMOA/SGAT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 7 Jan 2011 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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 issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2010-02895 in Executive Session on 19 April 2011,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Jul 10, w/atchs.
Exhibit B. Applicant's Military Personnel Records.
Exhibit C. Letter, AFMOA/SGAT, dated 21 Dec 10.
Exhibit D. Letter, SAF/MRBR, dated 7 Jan 11.
Panel Chair
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