RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00212
		INDEX CODE:  108.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect that he was diagnosed with the hepatitis C virus.

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APPLICANT CONTENDS THAT:

He contracted the hepatitis C virus while on active duty.

In support of his appeal, the applicant provided a personal statement, discharge document, congressional correspondence, documentation pertaining to the Purple Heart, newspaper clippings with photographs, medical documentation, and a supportive statement.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Available documentation indicates that the applicant was inducted into the Army of the United States (AUS) on 17 Sep 42 and entered into active service on 1 Oct 42.  He was honorably discharged on 28 Oct 45.

By Special Order G-180, dated 8 May 02, the applicant was awarded the Purple Heart Medal for injuries sustained in combat action on 2 Jan 45.

The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force.

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AIR FORCE EVALUATION:

The Chief Medical Consultant, AFBCMR, reviewed this application and recommended denial.  The Medical Consultant noted that the applicant’s military medical records were not available for review as they were lost as a result of a fire at the National Personnel Records Center in 1973.  The only medical information available from his period of service was information from the hospital admission cards created by the Office of the Surgeon General, Department of the Army.  The Medical Consultant indicated that the applicant had three entries reflecting hospitalizations:  Dec 43 (coded 1231) Syphilis, secondary; Jul 44 (coded 1248), Syphilis, cured or progress satisfactory; and Jan 45 (coded 0135, 0913) for wound(s), lacerated with no nerve or artery involvement, head, scalp, causative agent (coded 302) ammunition, explosion of, circumstances: (coded 9) all battle injuries not intentionally inflicted by self or another person.

Th submitted Department of Veterans Affairs (DVA )records showed the applicant was found to have blood test evidence of infection with the hepatitis C virus in Mar 01.  The record also reported that at a DVA clinic visit in May 01, the applicant reported a history of jaundice, dark urine, loss of appetite and weight loss while in Italy during the 1940’s and that he recalled being told he had hepatitis.  An examiner for the DVA has concluded “that the most likely etiology of the patient’s hepatitis C was related to a high-risk sexual contact as he was treated for syphilis in 1943-44. The applicant is not currently under treatment for hepatitis C.”  The DVA examiner further based this opinion on the fact that there did not appear to be any other obvious possible exposures to hepatitis C (i.e., a blood transfusion) and the DVA has assigned service connection for the hepatitis C with a 10 percent rating.  The 10 percent rating was based on the presence of symptoms of fatigue, malaise, the absence of scarring of the liver (cirrhosis), and normal liver enzyme levels in the blood consistent with the absence of active inflammation.  The available documentation is notable for other potential sources of hepatitis C virus exposure: a lumbar laminectomy (back surgery) in 1966, and a hospitalization for gastrointestinal bleeding in 1998, however no records were available to ascertain whether he received blood products at the times of those hospitalizations. 

The Medical Consultant noted that the applicant was a health care worker (certified nursing assistant and respiratory therapist), an occupational arena with risk for exposure to hepatitis C through inadvertent needle sticks.  A lay statement dated 28 Apr 01 from E--- C--- indicated he had personal knowledge that the veteran was treated for hepatitis C while he was stationed in Italy with the applicant.  The DVA documentation indicated that the applicant related problems for several years of generalized weakness and sleeping a lot due to his hepatitis C.  His other medical problems have included diabetes, hypertension, post- traumatic stress disorder, blindness and neurosyphilis (involvement of the brain and spinal cord with syphilis, typically many years including decades following initial infection).

According to the Medical Consultant, there were no records to verify whether the applicant contracted viral hepatitis while on active duty, and it would be impossible to determine specifically if he contracted the hepatitis C virus while in service during World War II.  The hepatitis C virus was not known to medical science at the time the applicant states he had hepatitis and could not have been diagnosed as such.  The term hepatitis means that the liver is inflamed.  There are many different causes of an inflamed liver (jaundice, dark urine) including a variety of other infections including syphilis, hepatitis A (a self limited, usually food borne illness) or chemical causes such as drugs used for treatment of syphilis or for preventing malaria.  Although he could have contracted the hepatitis C during his active service, there was no clear evidence that there were any sequelae from that infection; (i.e., no scarring and no inflammation of the liver).  There was no evidence to support he experienced any disability prior to Mar 01 related to hepatitis C viral infection regardless of when he contracted this infection.  Further, there was no evidence that linked his symptoms, which are nonspecific and can be due to his other medical problems, with hepatitis C.  The Medical Consultant did note that the DVA has ruled in favor of the applicant, judging it to be service connected with a 10 percent rating from the time of diagnosis in March 01.

A complete copy of the Medical Consultant’s evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 31 May 02 for review and response.  As of this date, no response has been received by this office (Exhibit D).

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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 probable error or injustice warranting corrective action regarding the applicant’s request that his records be corrected to reflect that he was diagnosed with the hepatitis C virus while serving on active duty.  The applicant's complete submission was thoroughly reviewed and his contentions were duly noted.  However, we do not find the applicant’s assertions and the documentation presented in support of his appeal sufficiently persuasive to override the rationale provided by the Medical Consultant.  Therefore, in the absence of clear-cut evidence that he contracted the hepatitis C virus while serving on active duty, we adopt the Medical Consultant’s rationale and conclude that no basis exists to recommend granting his request.

4.  We note the applicant’s request that his records be corrected to reflect award of the Purple Heart Medal was corrected administratively.  Therefore, we believe no further action is necessary concerning this request. 

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered AFBCMR Docket Number 02-00212 in Executive Session on 2 Jul 02, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Jul 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, Medical Consultant, dated 11 Sep 02.
    Exhibit D.  Letter, SAF/MRBR, dated 31 May 02.