RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01932
		INDEX CODE:  

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  20 DECEMBER 2005

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APPLICANT REQUESTS THAT:

His records be corrected to show his shoulder and arm wounds were caused by an aircraft accident when a courier C-47 crashed near where he was working on the ground, rather than by a human bite.

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APPLICANT CONTENDS THAT:

He sustained a wound to his left arm as a result of an aircraft crash.  He was on the ground and when the C-47 crashed, a piece of metal or something caused a gash in his arm.

During his attempts to seek medical care he was asked a number of questions by a very obnoxious doctor who asked him if he had been in a fight.  He gave a smart reply, in order to get some sort of medical treatment, telling the doctor that he had been bit by the guy he was fighting.  He had no idea that would have been entered into in his medical records.

In support of the appeal, applicant submits two personal statements, a copy of a Statement in Support of Claim from the Department of Veterans Affairs and several medical documents.

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

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STATEMENT OF FACTS:

Complete copies of the applicant’s military personnel and medical records were unavailable for review.  The following information was extracted from the limited available records.

Applicant was inducted and entered into active service on 2 June 1942.  He was assigned to duties in the Signal Corps and the Army Air Corps, and, was progressively promoted to the grade of corporal.  He was assigned to the European Theater of Operations on 19 March 1945 and was assigned to duties as a radar repairman and participated in the Rhineland campaign.

In a service medical record provided by the applicant, a military physician indicated, during the period 26 September 1945 to 8 October 1945, the applicant was treated for an infected human bite wound to the left arm, incurred during a fight on 17 September 1945 in Namur, Belgium.

The applicant was returned to the Continental United States on 19 February 1946.  He was honorably discharged because of demobilization on 27 February 1946, having served 3 years, 8 months and 26 days on active duty, of which 11 months and 10 days was foreign service.  He was entitled to the Good Conduct Medal, the American Theater Service Medal and the European-African-Middle Eastern Medal.

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AIR FORCE EVALUATION:

NONE PROVIDED.

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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 requests his medical records be changed concerning the cause of injury he sustained on or before 26 September 1945.  However, other than his own unsupported assertions, the applicant has provided no documentary support for his request.  Therefore, based upon the presumption of regularity in the conduct of governmental affairs and without evidence to substantiate his allegations of error or injustice, we find no basis upon which to favorably consider 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 in Executive Session on 17 May 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 3 May 00, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.