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AF | BCMR | CY2013 | BC 2013 01607
Original file (BC 2013 01607.txt) Auto-classification: Denied
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 Veteran’s 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 applicant’s 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 
applicant’s 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 provider’s 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.  Applicant’s 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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