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AF | BCMR | CY2011 | BC-2011-03698
Original file (BC-2011-03698.txt) Auto-classification: Denied
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 
applicant’s 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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