RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03698 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be changed to reflect he was medically discharged. ________________________________________________________________ APPLICANT CONTENDS THAT: His records reflect "physical defect existing prior to entry on active duty by military service" as the reason for the discharge. When he was 15 years old, he was hit in the head playing football, and had dizzy spells for a few days. His symptoms discontinued until he received a head injury during a basic training "blanket party," which was part of a hazing incident. The recruiters were aware of his high school injury, and cleared him to enlist. His discharge should have been a medical discharge based on the injuries incurred as a result of the “blanket party.” He is 78 years old and the nature of the discharge has bothered him for many years. Previous efforts to speak with government agencies have been frustrating to him. In support of his request, the applicant provides copies of his DD Form 214, Report of Separation from the Armed Forces of the United States; NA Form 13038, Certification of Military Service; AF Form 489, General Discharge Certificate, letters of support, and letters from the National Personnel Records Center (NPRC) and the Department of Veterans. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant's military personnel records were destroyed by fire in 1973 at the NPRC in St. Louis, Missouri. Other than the applicant’s submission and a copy of his Certificate of Military Service obtained from NPRC, the facts leading to the discharge are not available in his records. The available records indicate he entered the Air Force on 18 Dec 1950 and was separated with a general (under honorable conditions) discharge due to a “Physical Defect Existing Prior to Active Military Service.” He served 3 months and 25 days of total active service. ________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant regrettably recommends denial of the applicant's petition for a change of the record to implicitly reflect he was discharged for a service-incurred or aggravated injury. The Medical Consultant finds it conceivable that an individual suffering a significant head injury prior to service who then suffers a repeat head injury might experience the symptoms described in the applicant's case. However, absent adequate medical documentation, the Medical Consultant cannot make an objective determination of its connection with, or permanent aggravation by, the applicant's military service. The Medical Consultants states it is interesting to note that Physical Defect Existing Prior to Active Military Service does appear on the applicant's DD Form 214, which indicates an acknowledgment that some medical ailment determined to have predated the applicant's service entry may indeed have been present. If so, then the task would be to determine if any alleged repeat injury resulted in (or was severe enough to result in) a permanent worsening of his pre-existing injury or whether it represented a de novo injury with a recurrence of symptoms reportedly similar to those experienced prior to service entry (headaches and blurred vision). Since no objective evidence is supplied, then there is a presumption of regularity on the part of the government, who at the time of the applicant's discharge, was in the best position to determine whether the applicant sustained an injury that should have been considered either service-incurred or permanently aggravated by a re-injury reportedly to have occurred during his military service. Moreover, the Medical Consultant is perplexed by the applicant's General, under Honorable conditions, character of service, if his discharge was based solely on a pre-existing medical condition; which under today's standards, absent evidence of misconduct, would otherwise result in an Honorable service characterization [barring a possible Uncharacterized character of service for individuals who served less than 180 days] The complete BCMR Medical Evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He states his family doctor authorized him to play sports in high school when he was 16 years old. However, his discharge states “physical defect existing prior to entering the service; He was not aware of any such defect. When he questioned this he was told “it was stated in this manner,” and that his disability rating would be determined by the Department of Veterans Affairs (DVA). A doctor in Washington D.C. prescribed medicine for headaches and dizziness, which he took for two years. He was 19 years old at the time of his discharge and records were not kept as they are today. The DVA could not locate his records and said they were lost in a fire. They told him he would receive about $15.00 a month, but would notify him when the records were found. However, he has not heard from them. He attempted to get a disability rating for one and one half years with no results. His complete response is at Exhibit D. ________________________________________________________________ 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, to include his response to the BCMR Medical Consultant. However, we do not find his assertions sufficiently persuasive to override the rational provided by the BCMR Medical Consultant. Therefore, we agree with the opinion and recommendation of the BCMR Medical Consultant and adopt his rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. 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 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. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 22 May 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered in AFBCMR BC- 2011-03698: Exhibit A. DD Form 149, dated 14 Sep 2011, w/atchs. Exhibit B. Letter, SAF/MRBC, dated 9 Apr 2012. Exhibit C. Letter, BCMR Medical Consultant, dated 29 Mar 2012. Exhibit D. Rebuttal, Applicant, dated 25 Apr 2012.