RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00417
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NOT INDICATED

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APPLICANT REQUESTS THAT:

His records be corrected to show a different reason for discharge.

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APPLICANT CONTENDS THAT:

His date of enlistment was October 1943.  The physical condition he was given when he was discharged is wrong.

In support of the appeal, applicant submits a copy of a Certificate of Disability for Discharge.  Applicant's complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s military personnel records were lost or destroyed.  The following information was obtained from his service medical records maintained by the Department of Veterans Affairs and from documents provided by the applicant.

The applicant was inducted on 9 December 1943 and called to active duty on 27 December 1943.  On 5 January 1944, he was hospitalized with a bleeding ulcer.  The clinical history as recorded on the admission history and physical examination report documents that the applicant reported a history of symptoms consistent with peptic ulcer for the six months prior to hospital admission.  “Patient has had epigastric distress and heartburn before meals off and on for the past six months which was relieved by food or milk.”  Radiographic studies (barium upper gastrointestinal series) confirmed the presence of a duodenal ulcer.  He was diagnosed with chronic peptic ulcer disease with an acute episode of bleeding.  He recovered during his hospitalization with resolution of evidence of bleeding, recovery of his blood count to normal and relief of symptoms with anti-acids and diet modification.  Because at that time, peptic ulcer disease produced recurrent and chronic symptoms and a history of an episode of bleeding indicated a higher risk for recurrence, the applicant underwent medical evaluation board.  His condition was determined to have existed prior to service (EPTS) based on his history of symptoms of peptic ulcer disease for six months, predating entry onto active duty.

The applicant was honorably discharged on 8 February 1944 because of physical disability and certified to the Veterans Administration for disability compensation.  The applicant’s discharge orders and certificate are not a matter of record.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant states that the applicant was hospitalized for a bleeding peptic ulcer approximately one week after entering active duty.  Based on the history of symptoms consistent with chronic peptic ulcer disease for the previous six months, his unfitting condition was properly determined to have existed prior to service and he was administratively discharged.  For purposes of disability administration, it is the date entered active duty and not the date of enlistment that is used to determine eligibility for disability compensation.  He reported to his physician that his symptoms were present for six months before admission and therefore his condition existed prior to his reported enlistment date as well as his date of entry onto active duty.

Following discharge from the military the applicant was again hospitalized at a Veterans Affairs hospital for his ulcer disease and granted service connection for his peptic ulcer disease.  However, subsequent Rating Decisions ruled that his condition was not service connected (“clear and unmistakable error”).

The BCMR Medical Consultant stated that action and disposition in this case are proper and equitable reflecting compliance with Air Force directive the implement the law.  Therefore, the BCMR Medical Consultant is of the opinion that no change in the records is warranted.

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 June 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, this office has received no response.

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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 error or injustice.  The applicant asserts he enlisted in October 1943.  However, the limited available documents do not support this claim.  Rather, it appears that the applicant was inducted into the Army of the United States on 9 December 1943 and entered active duty on 27 December 1943.  Although not clearly stated, it appears the applicant is contesting the EPTS determination by military medical authorities during his medical board processing.  However, other than his own assertions, he has provided no evidence that would lead us to believe that the EPTS determination was contrary to the available medical evidence, information provided by the applicant at that time, and accepted medical principles.  Therefore, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  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 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 this application, BC-2003-00417, in Executive Session on 31 July 2003, under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 6 Nov 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, BCMR Medical Consultant, dated 19 May 03.
	Exhibit D.	Letter, SAF/MRBR, dated 17 Jun 03.

					
					Acting Panel Chair