RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01607 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The handwritten note stating that he was injured in 1958 be removed from his medical records. ________________________________________________________________ APPLICANT CONTENDS THAT: In September 2009, the Department of Veteran’s Affairs (DVA) denied his request for disability compensation based on false information. There is a handwritten note in his medical records stating he was injured in 1958 after he fell while running and hurt his back. He would have been 14 at the time of this incident; and there was no diagnosis. The second part of the handwritten note has to do with the actual incident. On 11 August 1963, he was exercising while using a rope to cross a body of water. He was one of the last airmen to cross the water and the rope became slippery. Half way across, he fell into the water and landed on his back. This statement should be part of the record. The handwritten note states that he was running and fell and another person fell on top of him; however, his version of the events is confirmed on page two of the rating decision by the DVA. It should also be noted that at the time of the incident, he could not give an account of what happened. The training instructors made up statements and covered up the events. They neglected to change the ropes or make sure the one being used was dry. He was not aware of the discrepancy until he filed for disability. The handwritten note is fabricated and should not be part of his medical record. In support of his appeal, the applicant provides a personal statement, DVA rating decision and excerpts of his medical records. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Air Force who served from 30 July 1963 through 26 November 1965. Documentation submitted by the applicant shows that on 23 September 2009, the DVA denied his request for service connected disability for degenerative disc disease at L5-S1 with secondary arthritis of the lumbar spine. The DVA opined the applicant’s condition existed prior to service. They also found, there was no evidence the condition was permanently worsened as a result of his service. ________________________________________________________________ AIR FORCE EVALUATION: AFMOA/SGH recommends denial. The provider’s note on the Standard Form 504, Clinical Record History, does not indicate that the incident information was provided by the training instructors. All of the medical records indicate that he sustained an injury on the physical training field when he fell while running and another man fell on top of him. There is no documentation in his medical records to support the false information for diagnosis. The complete SGH evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 2 May 2014, for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. ________________________________________________________________ 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 available evidence of record and 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 and find the applicant has 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-2013-01607 in Executive Session on 3 June 2014, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 29 Mar 14, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFMOA/SGH, dated 23 Apr 14. Exhibit D. Letter, SAF/MRBR, dated 2 May 14. 1 2