RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05571
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
He receive an Air Force disability rating for his medical conditions at the time of his discharge.
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APPLICANT CONTENDS THAT:
His discharge was completed in such a rush his medical records were not considered during the process. At the time of his discharge in 1967, he was suffering from tinea versicolor (a fungal infection of the skin), muscles spasms, and nerves. He still suffers from these today, but the Department of Veteran Affairs (DVA) will not recognize the service-connected nature of his muscle spasms or nerve condition.
The applicants complete submission, with attachment, is at Exhibit A.
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STATEMENT OF FACTS:
The applicant initially entered the Air Force on 18 Feb 65 and was stationed at Luke Air Force Base, AZ.
On 6 Dec 66, the applicant applied for a separation based on hardship in order to help support his father. The American National Red Cross confirmed the applicants father was in need of support, and his request was approved.
On 9 Jan 67, the applicant was furnished an honorable discharge certificate, and was credited with 1 year, 10 months, and 22 days of active service.
The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility, which are attached at Exhibits C and E.
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AIR FORCE EVALUATIONS:
AFPC/DPSOR recommends denial of the applicants request to change the reason for his separation. The applicants goal was to provide support for his father. Based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
The BCMR Medical Consultant recommends denial indicating there is no evidence of an error or an injustice. The applicant did not provide service medical treatment documentation for review and comment. Medical documentation is required. Moreover, based upon the evidence he provides, this documentation is all the DVA would need to assign service connection for the applicants conditions. Unfortunately, this application is not sufficient to make any reasonable determination.
A complete copy of the BCMR Medical Consultant evaluation is at Exhibit E.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
The DVA granted him compensation for his Tinea Versicolor, but denied his claim of service connection for his muscle spasms and nerve condition. While in the Air Force, he was being treated at the same time by the same doctor for all his conditions. He still suffers from both illnesses. He has never seen his military records, although he has tried to order them several times (Exhibit G).
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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 an error or injustice. We took notice of the applicants complete submission in judging the merits of the case, to include his rebuttal response to the advisory opinion; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility (OPRs) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief.
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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.
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The following members of the Board considered AFBCMR Docket Number BC-2012-05571 in Executive Session on 19 Sep 13, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Aug 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 25 Mar 13.
Exhibit D. Letter, SAF/MRBR, dated 6 Apr 13.
Exhibit E. Letter, BCMR Medical Consultant, dated 19 Apr 13.
Exhibit F. Letter, AFBCMR, dated 22 Apr 13.
Exhibit G. Letter, Applicant, undated.
Panel Chair
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