RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2007-02565
		INDEX CODE: 110.00
						COUNSEL:  NONE
			  		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His records be amended to include a statement describing how his knee injury occurred.

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APPLICANT CONTENDS THAT:

While he was on a crash recovery mission on or about 19 February 1970, he stretched to reach for an item lodged in a crevice. The section of the rock he was using as a handhold broke loose causing him to fall from the height of about a two-to-three story building.  He landed feet first and buckled both knees.  Upon impact, both of his lower legs extended outwards at a right angle from his knees.  He experienced pain in his legs and knees.  He received cuts and contusions to his legs/knees and his knees also became swollen. He received limited field treatment; however, he had to remain in the bivouac area for another two days before being transported to the emergency room at George AFB, California.  He indicated to the physician he had fallen from the height of a two-to-three story building.  His right leg was placed in a cast for approximately eight weeks.  After rehabilitation he was returned to duty but continued to have problems with his right knee "locking up" or "coming out of joint" as evidenced by his medical records and he still has these problems.  He realizes the initial injury occurred over 30 years ago; however, he brought the error to the attention of medical authorities but does not have an explanation why he was never provided with copies of the records.

In support of his request, the applicant submits a personal statement, a temporary Duty (TDY) order and documentation extracted from his medical records. 

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant initially entered the Air Force on 15 May 1967.  On 30 June 1987 he was retired in the grade of master sergeant.  He served a total of 20 years, 1 month and 16 days on active duty.

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AIR FORCE EVALUATION:

AFMOA/SG3SA recommends denial.  SG3SA states according to AFR 168-4, Administration of Medical Activities, 18 January 1987 (earliest available edition), chapter 7, paragraph 7-12.1 "To correct medical record documentation without creating suspicions of record tampering, use the following procedures:  If an error is identified near in time to the date of the erroneous entry and the practitioner(s) involved has present memory of the circumstances (general rule)" then the corrective steps are taken.  There is no documentation provided from George AFB to substantiate the claim and the provider can no longer be contacted.  

The complete SG3SA 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 26 October 2007 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit D).

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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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we find no evidence of an error in this case and are not persuaded by his assertions, that he has been the victim of an error or injustice.  We agree with the opinion and recommendation of AFPC/SG3SA and adopt its rationale as basis for our conclusion that the documentation provided does not susbstantiate his claim.  Therefore, in the absence of evidence to the contrary, we find no compelling basis upon which to favorably consider this application.

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 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 AFBCMR Docket Number BC-2007-02565 in Executive Session on 3 January 2008, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-02565 was considered:

	Exhibit A.	DD Form 149, dated 10 August 2007, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFMOA/SG3SA, dated, 18 October 2007.
	Exhibit D.	Letter, SAF/MRBR, dated 26 October 2007.