RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-01919
		INDEX NUMBER: 100.00

	XXXXXXX	COUNSEL:  XXX

	XXXXXXX	HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  20 DEC 05

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APPLICANT REQUESTS THAT:

He be compensated for a severe back injury that occurred while he was on active duty.

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APPLICANT CONTENDS THAT:

In July 1946, his jeep was broadsided by a German civilian truck and he was pinned underneath the jeep.  He was treated at a German civilian hospital, told that his back was broken, and was placed in a body cast.  Despite the fact that he suffers from chronic back pain as a result of the injury, the Department of Veterans Affairs (DVA) has denied him compensation due to a lack of medical documentation.

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

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STATEMENT OF FACTS:

The applicant is a former member of the Army Air Corps who served on active duty from 26 June 1944 through 12 September 1946.  He was commissioned in the Air National Guard (ANG) on 1 July 1949.  He was honorably discharged from the ANG on 26 August 1966 and assigned to the Honorary Retired Reserve.  He completed a total of 23 years, 8 months, and 20 days of honorable federal service; however, only 17 years, 6 months, and 24 days is satisfactory service.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends the application be denied and states, in part, that there is no primary medical documentation for care rendered for a back injury incurred in November 1945 that is referred to in the 21 July 1946 medical examination.  Further, applicant’s records contain seven periodic medical examinations between June 1948 and February 1964 none of which report a history of back injury or a complaint or diagnosis of a back condition.  The AFBCMR has no jurisdiction over decisions and documentation made by the DVA and does not have the authority to render a determination regarding a condition’s service connection.  Regardless, medical records are legal documents that should not be altered.  Medical record entries cannot be created by physicians who did not evaluate and treat the patient at the time of injury or illness, or for medical encounters that did not occur.  Unfortunately, the medical documentation the applicant seeks apparently does not exist and cannot be created based on recollection sixty years later.

The BCMR Medical Consultant’s 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 10 June 2005 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 BCMR Medical Consultant and adopt his 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-2004-01919 in Executive Session on 13 July 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 8 Jun 05.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Jun 05.