RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02895 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

His records be amended to reflect an injury he received during 
his military service. 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

He was injured while operating a supply truck and even though he 
was treated for his injuries, they are not correctly documented 
in his record. He needs his injuries documented correctly to 
support his claim with the Department of Veterans Affairs (DVA). 
The failure of his superiors or the hospital to fill out the 
paperwork (Air Force Material Command) (AFMC) Form 12, Record of 
Injury/Illness and Treatment, has resulted in withholding of DVA 
disability compensation and he has had to file the AFMC Form 12 
himself to fix the oversight. 

 

In support of his appeal, the applicant provides a copy of a 
Radiologic Consultation Request/Report, undated; email 
correspondence; and AFMC Form 12, undated, and not signed by a 
military medical officer. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant was relieved from active duty and retired 
effective 1 March 2003. He was credited with 22 years, 
3 months, and 16 days of active duty. 

 

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THE AIR FORCE EVALUATION: 

 

AFMOA/SGAT recommends denial. After a review of the applicant’s 
request and documentation provided, they determined that there 
was not enough evidence to approve the request. Without the 
supporting medical record documentation from the date of the 
applicant’s self-reported injury on 20 April 1996 through 
31 May 1996, they are unable to approve the request. 
Additionally, they note it is unclear exactly who directed the 
applicant to complete the AFMC Form 12. If the applicant 
completed this form on himself, he should state what occurred 
and who treated him; however, he cannot complete the medical 
officer’s portion or sign the medical officer’s name, which, 
based on the copy provided, appears to be the case. 

 

The complete AFMOA/SGAT evaluation is at Exhibit C. 

 

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 7 Jan 2011 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(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 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 basis to 
recommend granting the relief sought in 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 issue(s) 
involved. Therefore, the request for a hearing is not favorably 
considered. 

 

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THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2010-02895 in Executive Session on 19 April 2011, 
under the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 24 Jul 10, w/atchs. 

 Exhibit B. Applicant's Military Personnel Records. 

 Exhibit C. Letter, AFMOA/SGAT, dated 21 Dec 10. 

 Exhibit D. Letter, SAF/MRBR, dated 7 Jan 11.