RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-02707
INDEX CODE:  112.10
	XXXXXXXXXXXXXXXXXXX			COUNSEL: NONE

	XXXXXXXXXXX					HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  4 March 2006

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APPLICANT REQUESTS THAT: 

His records be changed to delete a diagnosis of spina bifida occulta and indicate his back pain was aggravated by service in order to obtain Department of Veterans Affairs (DVA) benefits.  
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APPLICANT CONTENDS THAT:

The Air Force diagnosed him with a condition he never had, which led to his discharge from the military.  He never had spina bifida occulta or spondylolysis of L-5 prior to basic training.  His back was aggravated during basic training.  

In support of his appeal, the applicant provides a personal statement, a copy of his Medical Board Report, military and civilian medical records, and an Adjudication Officer response to the applicant’s request for disability benefits.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s case is limited to documents submitted by the applicant.  No service personnel record or service medical record is available for review.  According to the applicant’s DD Form 214, he enlisted in the Regular Air Force on 5 April 1971, at the age of 19 in the grade of airman basic (E-1) for a period of four years.  

A clinical record and Medical Board Report, dated 29 April 1971, indicates the applicant was evaluated by Orthopedics following a complaint of back pain.  The clinical record indicates the applicant had a longstanding history of back problems following an auto accident occurring four years earlier.  The attending physician and medical board diagnosed the applicant with spina bifida occulta (non-fusion of the spinous process) with spondoylolysis of L5, which existed prior to service and not permanently aggravated by service.  The Medical Board indicated the applicant’s physical defect precluded full utilization in the military service, and recommended application for discharge be approved.  

The applicant was honorably discharged effective 6 May 1971 under the provisions of AFM 39-10, paragraph 3-8G (Convenience of the Government; to Correct Erroneous Enlistment or Induction).  He had served one month and two days on active duty.

In response to a SAF/MRBR letter, dated 5 November 2004, the applicant provided a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.  

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AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no change in the applicant’s records is warranted.  The BCMR Medical Consultant states x-rays performed on the applicant’s back in-service are reported to have shown both spina bifida occulta and spondylolysis of the L5 vertebra.  The applicant’s unfitting back condition was determined to have existed prior to service and to not have been permanently aggravated by service beyond the natural progression of the condition; therefore, not qualifying for disability compensation.  The Department of Veterans Affairs (DVA) also denied the applicant service connection for back pain in 1971.  

It is the BCMR Medical Consultant’s opinion that the preponderance of the submitted evidence does not support an error in the submitted military records.  Action and disposition in this case were proper and equitable reflecting compliance with Air Force directives that implement the law.  The BCMR Medical Consultant’s evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 8 April 2005, for review and comment 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 an error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case.  However, the applicant has provided no evidence which, in our opinion, successfully refutes the assessment of his case by the BCMR Medical Consultant.  Therefore, we agree with the recommendation of the BCMR Medical Consultant and adopt his opinion as our findings in this case.  In view of the above, we find no basis to favorably consider the applicant’s request.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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 14 June 2005, under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number BC-2004-02707 was considered:

    Exhibit A.  DD Form 149, dated 23 Aug 04, with atchs.
    Exhibit B.  Applicant's Reconstructed Personnel Record.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 5 Apr 05.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Apr 05.