RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02462
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His 1979 medical record be corrected to reflect he injured his
left ankle instead of his right ankle.
________________________________________________________________
APPLICANT CONTENDS THAT:
In September 1979 he hurt his ankle. While at the hospital,
someone wrote R over the L on his medical record indicating
his right ankle was injured. He discovered the error when he
reviewed the findings after the Veterans Administration (VA) did
a disability evaluation on the wrong leg.
In support of his request, the applicant submits a copy of his
September 1979, Standard Form (SF) 500, Chronological Record of
Medical Care, VA Form 10-5345, Request for and Authorization to
Release Medical Records or Health Information, and an affidavit
from a former co-worker attesting to his left leg injury.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former commissioned officer of the Regular
Air Force who served from 7 June 1961 through 31 December 1981.
He was progressively promoted to the rank of Colonel, O-6.
________________________________________________________________
AIR FORCE EVALUATION:
AFMOA/SGAT recommends denial. SGAT states the available medical
document on 16 September 1979 reflected the injury occurred on
the right ankle. The note on the medical form states the
applicant had a fracture of the distal tibia with displaced bone
chips, but it did not differentiate whether it was the right or
left ankle. In the 27 September 1979, follow-up exam, the
record reflected the right ankle had no fracture and had normal
range of motion. The X-ray report for 16 September 1979 was not
available for review. From the documentation provided, it
appears the injury occurred on the right ankle.
The complete AFMOA/SGAT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reiterates his contentions and further states he
notes the 27 September follow-up exam indicated his right ankle
had no fracture and normal range of motion, but it was not
possible for his ankle that was broken on 16 September to be
healed by 27 September as indicated by the AFMOA/SGAT
evaluation.
The applicants complete response, with attachments, is at
Exhibit E.
________________________________________________________________
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. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. After a review
of the evidence of record and the applicants submission, we
believe that relief is warranted. The Board notes that the Air
Force office of primary responsibility states that the applicant
had a fracture of the distal tibia with displaced bone chips,
but his medical records did not differentiate whether it was the
right or left ankle. Absent documentation to the contrary, and
based on the applicants personal statement and the letter from
his former military coworker attesting that he saw the applicant
on crutches with a cast on his left foot on or about
16 September 1979, we believe there is substantial evidence to
determine an error occurred in documenting the applicants
injury to his ankle. Therefore, we recommend the applicant's
records be corrected to the extent indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that on
16 September 1979, he had a fracture of the distal tibia with
displaced bone chips in his left ankle.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 21 February 2013, under the provisions
of AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR
Docket Number BC-2012-02462:
Exhibit A. DD Form 149, dated 27 May 2012, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFMOA/SGAT, dated 17 Sep 2012.
Exhibit D. Letter, SAF/MRBR, dated 25 Sep 2012.
Exhibit B. Letter, Applicant, dated 16 Oct 2012, w/atchs.
Chair
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