RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02132 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His Separation Designation Number (SDN) be changed from “277” (Physical Disability, not entitled to severance pay) to “273” (Physical Disability, entitled to severance pay). ________________________________________________________________ THE APPLICANT CONTENDS THAT: He was perfectly healthy prior to entering the Air Force and injured his right ankle in his 7th week of basic training. He was advised that if he was treated at that time that he would be held back and would not be able to finish with his unit. He was treated and suffered through the last week. Fortunately, his next training was in the classroom so he was able to stay off his ankle; however, as soon as he started guard duty and was required to walk 8 hours his ankle began swelling and hurting. He never stated that he had injured his ankle because he never had and was unaware that his records reflected that he had injured his ankle six years prior to entering the Air Force until he requested a copy of his records. In support of his appeal, the applicant provides letters of support from his sister, a friend, and his coach and additional documents from his master personnel record (MPR). The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant was honorably discharged under the provisions of AFM 35-4, on 23 Feb 71, for physical disability, not entitled to receive disability severance pay, and a corresponding SDN of 277. He was credited with 7 months and 10 days of active duty service. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSD recommends denial, stating, in part, the preponderance of evidence reflects that no error or injustice occurred during the disability process or at time of separation. The veteran’s request to amend or change his DD Form 214 would be in violation of Air Force Instructions and is not authorized. The complete AFPC/DPSD evaluation is at Exhibit C. The BCMR Medical Consultant recommends denial. In his discussion of the application, he notes that there is no medical evidence of an injury during basic military training (BMT), other than the applicant’s self-report of this occurrence on this application. The medical progress note, dated 2 Nov 70, indicates that the applicant reported that he “broke [his] right ankle six years ago.” There is no evidence to show this to be an errant statement of contents not uttered by the applicant. An x-ray analysis of the ankle entered 7 Dec 70 showed “some bony overgrowth” of the medial malleolus. Where there has been a significant past injury to a joint, e.g., fracture, the healing process often manifests as an overgrowth of bone, referred to as an osteophyte, at the fracture site or articulation point. While it is clinically possible that a fracture sustained during BMT in Jul/Aug 70 could conceivably manifest healing with osteophyte formation 16 weeks later, it is unlikely that such an acute injury would have resolved with an ace bandage, without the need for acute care, such as splinting, partial or no weight-bearing with use of crutches for at least a brief period. Thus, taken collectively the x-ray findings, the applicant’s self-report of an injury “6 years ago,” notwithstanding the letter of support from his sister and high school athletic coach, the Medical Consultant opines, based upon a preponderance of evidence, the applicant has not met his burden of proof of an error or injustice that warrants the desired change of the record. The complete BCMR Medical Consultant evaluation, with attachment, is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 2 Feb 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). ________________________________________________________________ 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, including the letters of support submitted in his behalf, in judging the merits of the case. However, we agree with the opinions and recommendations of the Air Force office of primary responsibility and the BCMR Medical Consultant and adopt their 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. ________________________________________________________________ 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. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-02132 in Executive Session on 3 March 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, undated, w/atchs . Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSD, dated 16 Sep 10. Exhibit D. Letter, BCMR Medical Consultant, dated 31 Jan 11, w/atch. Exhibit D. Letter, SAF/MRBR, dated 2 Feb 11.