RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-00621
		INDEX NUMBER: 100.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Mistakes in his medical records be corrected.

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THE APPLICANT CONTENDS THAT:

His medical records are missing information, contain documents that list his serial number incorrectly, and contain blank pages.

In support of the appeal, applicant submits extracts from his medical records.

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

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 3 April 1953.  He was progressively promoted to the grade of airman third class.  A 5 March 1957 physical examination determined he was qualified for separation.  He received an honorable discharge on 2 April 1957, under the provisions of AFR 39-10 (Expiration Term of Service).

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AIR FORCE EVALUATION:

AFMSA/SGOZ recommends the Department of Veterans Affairs (DVA) be provided the applicant’s correct service number since the incorrect service number can be corrected on the original records by a simple pen and ink change.  However, AFMSA/SGOZ recommends the remainder of the application be denied and states, in part, that amendment of erroneous data in medical records should be made by the originating practitioner.  Since the documentation in question was created in 1954, it is impossible to determine what the missing information might be.  Further, his original records are no longer in the possession of the Air Force, since they have been in the DVA’s possession since they were provided to them in 1954.  In view of this, and since the Air Force is not required to create and retain copies of retired medical records, the Air Force no longer has any files to either confirm or refute his contentions that his medical record is missing information or what the missing information might be.

The AFMSA/SGOZ 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 19 November 2004 for review and response within 30 days.  However, 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.  We took notice of 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 that the applicant has not been the victim of an error or 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 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 BC-2004-00621 in Executive Session on 11 January 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFMSA/SGOZ, dated 8 Nov 04.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Nov 04.