RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01607
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The handwritten note stating that he was injured in 1958 be
removed from his medical records.
________________________________________________________________
APPLICANT CONTENDS THAT:
In September 2009, the Department of Veterans Affairs (DVA)
denied his request for disability compensation based on false
information. There is a handwritten note in his medical records
stating he was injured in 1958 after he fell while running and
hurt his back. He would have been 14 at the time of this
incident; and there was no diagnosis.
The second part of the handwritten note has to do with the
actual incident. On 11 August 1963, he was exercising while
using a rope to cross a body of water. He was one of the last
airmen to cross the water and the rope became slippery. Half
way across, he fell into the water and landed on his back. This
statement should be part of the record. The handwritten note
states that he was running and fell and another person fell on
top of him; however, his version of the events is confirmed on
page two of the rating decision by the DVA.
It should also be noted that at the time of the incident, he
could not give an account of what happened. The training
instructors made up statements and covered up the events. They
neglected to change the ropes or make sure the one being used
was dry. He was not aware of the discrepancy until he filed for
disability. The handwritten note is fabricated and should not
be part of his medical record.
In support of his appeal, the applicant provides a personal
statement, DVA rating decision and excerpts of his medical
records.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Air Force who served
from 30 July 1963 through 26 November 1965.
Documentation submitted by the applicant shows that on
23 September 2009, the DVA denied his request for service
connected disability for degenerative disc disease at L5-S1 with
secondary arthritis of the lumbar spine. The DVA opined the
applicants condition existed prior to service. They also
found, there was no evidence the condition was permanently
worsened as a result of his service.
________________________________________________________________
AIR FORCE EVALUATION:
AFMOA/SGH recommends denial. The providers note on the
Standard Form 504, Clinical Record History, does not indicate
that the incident information was provided by the training
instructors. All of the medical records indicate that he
sustained an injury on the physical training field when he fell
while running and another man fell on top of him.
There is no documentation in his medical records to support the
false information for diagnosis.
The complete SGH evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 2 May 2014, for review and comment within 30 days
(Exhibit D). As of this date, this office has received no
response.
________________________________________________________________
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 available evidence of record and 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 and find the applicant has 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.
________________________________________________________________
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-2013-01607 in Executive Session on 3 June 2014, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Mar 14, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFMOA/SGH, dated 23 Apr 14.
Exhibit D. Letter, SAF/MRBR, dated 2 May 14.
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