RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01213

		COUNSEL:  

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The medical problems listed in his AFM 39-12 separation examination physical dated 8 December 1975 is totally false and he wants it removed from his record. 

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APPLICANT CONTENDS THAT:

The AFM 39-12 separation physical dated 8 Dec 75, that mentioned eye trouble is totally false; cramps in legs vague signs and symptoms, usually during exercise is not true.  Frequent or painful urination, vague signs and symptoms, no treatment sought, is not true.  He had weight loss from 150 to 124 lbs because of stress and depression, frequent trouble in sleeping, depression, etc were not due to family problems but due to problems that he had while in the Air Force.

In support of his request applicant submitted a copy of his report of medical history, medical records, and clinical records.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 4 April 1975 as an airman basic for a term of 4 years.  The applicant was discharged under the provisions of AFR 39-12 (unsuitability, personality disorder) with service characterized as under honorable conditions on 19 December 1975.  He served 6 months and 16 days.

Review of the applicant's separation physical examination (SF 93, Report of Medical Examination) dated December 8, 1975 shows that the applicant checked the "YES" column on the SF 93 indicating problems in the indicated categories including:  a history of sleep walking, swollen or painful joints, eye trouble, severe tooth or gum trouble, leg cramps, frequent or painful urination, recent gain or loss of weight, frequent trouble sleeping, depression or excessive worry, nervous trouble, and treatment for a mental condition.  Typed onto both the SF 93 and SF 88 are more details of symptoms that the applicant reported during that examination.  "Eye trouble, vague signs and symptoms of white dot growing on eye, has disappeared after using medications"; Cramps in leg, vague signs and symptoms, usually during exercise"; "Frequent or painful urination, vague signs and symptoms, no treatment sought"; Recent loss of weight, patient weighs 124 pounds one pound less than what he weighed upon enlistment 8 months ago"; Frequent trouble sleeping, depression or excessive worry, and nervous trouble all had to do with family problems, patient would not elaborate.  

The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no change in the records is warranted.  During the separation physical examinations, members are encouraged to report all medical problems they experienced while on active duty as complete documentation benefits them in any possible future claims for service connected disability with the Department of Veterans Affairs (DVA).  Medical records are historical and legal documents, which should not be altered or destroyed.  The record of all medical evaluations and treatments are not only legal documents but may constitute important medical history which may aid future evaluations including those of an administrative nature.  It is therefore not in the best interest of the applicant to destroy or alter any of his medical records.  The history of his weight loss and eye problem appears to be accurate as recorded on his SF 88 and 93.  The mental health evaluation dated October 10, 1975, provides evidence of stress from his military occupation for administrative consideration.  No change in the separation physical forms is indicated.  Removal of his report of muscle cramps and urinary symptoms from his separation physical forms (SF 88 and SF 93 dated December 8, 1975) would not seem to provide him any benefit, but if he now states these were false statements or inaccurately recorded, he can provide a memorandum for record clarifying that fact to be placed into his DVA file.

The BCMR Medical Consultant evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 30 August 2002, for review and comment within 30 days.  However, as of this date, no response has been received by this office.

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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. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that his SF 93, Report of Medical Examination, dated 8 December 1975 should be removed from his records.  Applicant’s contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  We therefore agree with the recommendation of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of a 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 Docket Number 02-01213 in Executive Session on 6 November 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 4 Jan 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, BCMR Medical Consultant, dated 29 Jul 02.
	Exhibit D.	Letter, SAF/MRBR, dated 30 Aug 02.