RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03698
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be changed to reflect he was medically discharged.
________________________________________________________________
APPLICANT CONTENDS THAT:
His records reflect "physical defect existing prior to entry on
active duty by military service" as the reason for the
discharge.
When he was 15 years old, he was hit in the head playing
football, and had dizzy spells for a few days. His symptoms
discontinued until he received a head injury during a basic
training "blanket party," which was part of a hazing incident.
The recruiters were aware of his high school injury, and cleared
him to enlist.
His discharge should have been a medical discharge based on the
injuries incurred as a result of the blanket party.
He is 78 years old and the nature of the discharge has bothered
him for many years. Previous efforts to speak with government
agencies have been frustrating to him.
In support of his request, the applicant provides copies of his
DD Form 214, Report of Separation from the Armed Forces of the
United States; NA Form 13038, Certification of Military Service;
AF Form 489, General Discharge Certificate, letters of support,
and letters from the National Personnel Records Center (NPRC)
and the Department of Veterans.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant's military personnel records were destroyed by
fire in 1973 at the NPRC in St. Louis, Missouri. Other than the
applicants submission and a copy of his Certificate of Military
Service obtained from NPRC, the facts leading to the discharge
are not available in his records.
The available records indicate he entered the Air Force on
18 Dec 1950 and was separated with a general (under honorable
conditions) discharge due to a Physical Defect Existing Prior
to Active Military Service. He served 3 months and 25 days of
total active service.
________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant regrettably recommends denial of the
applicant's petition for a change of the record to implicitly
reflect he was discharged for a service-incurred or aggravated
injury.
The Medical Consultant finds it conceivable that an individual
suffering a significant head injury prior to service who then
suffers a repeat head injury might experience the symptoms described
in the applicant's case. However, absent adequate
medical documentation, the Medical Consultant cannot make an
objective determination of its connection with, or permanent
aggravation by, the applicant's military service.
The Medical Consultants states it is interesting to note that Physical Defect Existing Prior to Active Military Service does
appear on the applicant's DD Form 214, which indicates an
acknowledgment that some medical ailment determined to have
predated
the applicant's service entry may indeed have been
present. If so, then the task would be to determine if any
alleged repeat injury resulted in (or was severe enough to
result in) a permanent worsening of his pre-existing injury or
whether it represented a de novo injury with a recurrence of
symptoms reportedly similar to those experienced prior to
service entry (headaches and blurred vision). Since no
objective evidence is supplied, then there is a presumption of
regularity on the part of the government, who at the time of the
applicant's discharge, was in the best position to determine
whether the applicant sustained an injury that should have been
considered either service-incurred or permanently aggravated by
a re-injury reportedly to have occurred during his military
service. Moreover, the Medical Consultant is perplexed by the
applicant's General, under Honorable conditions, character of
service, if his discharge was based solely on a pre-existing
medical condition; which under today's standards, absent
evidence of misconduct, would otherwise result in an Honorable
service characterization [barring a possible Uncharacterized
character of service for individuals who served less than
180 days]
The complete BCMR Medical Evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He states his family doctor authorized him to play sports in
high school when he was 16 years old. However, his discharge
states physical defect existing prior to entering the service;
He was not aware of any such defect. When he questioned this he
was told it was stated in this manner, and that his disability
rating would be determined by the Department of Veterans Affairs
(DVA). A doctor in Washington D.C. prescribed medicine for
headaches and dizziness, which he took for two years.
He was 19 years old at the time of his discharge and records
were not kept as they are today. The DVA could not locate his
records and said they were lost in a fire. They told him he
would receive about $15.00 a month, but would notify him when
the records were found. However, he has not heard from them.
He attempted to get a disability rating for one and one half
years with no results.
His complete response is at 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, to include his response to the BCMR Medical
Consultant. However, we do not find his assertions sufficiently
persuasive to override the rational provided by the BCMR Medical
Consultant. Therefore, we agree with the opinion and
recommendation of the BCMR Medical Consultant and adopt his
rationale as the basis for our conclusion the applicant has not
been the victim of an error or injustice. In the absence of
evidence to the contrary, we find no basis to recommend granting
the relief sought in this application.
________________________________________________________________
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 this application
in Executive Session on 22 May 2012, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2011-03698:
Exhibit A. DD Form 149, dated 14 Sep 2011, w/atchs.
Exhibit B. Letter, SAF/MRBC, dated 9 Apr 2012.
Exhibit C. Letter, BCMR Medical Consultant, dated
29 Mar 2012.
Exhibit D. Rebuttal, Applicant, dated 25 Apr 2012.
Panel Chair
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