RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01089

XXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

The Standard Form (SF) 88, Report of Medical Examination, dated 31 Oct 72, be removed from his record.

APPLICANT’S CONTENTIONS

He was suffering from Post Traumatic Stress Disorder (PTSD) and other issues from his service in Vietnam.  During his pre-separation medical examination, he was honest about his issues and difficulties.  The doctor told him if he continued to be honest about his issues he would not be discharged but would instead be checked into a mental hospital.  The doctor mentioned that if he filled out a new Report of Medical History claiming he was perfectly healthy, he would be discharged from the military.  At that time, it sounded like the best option for him.  Simply put, he had to say he was perfectly healthy or he would not be released.  He provides both a correct and an incorrect medical examination form and points out there are several differences between the Standard Forms 88, to include the blood type on the second report.  His PTSD has prevented him from functioning normally and is the reason he delayed requesting this correction.  He was not concerned with the examination until it became a problem with accessing his veteran’s benefits.  In support of his request the applicant provides various copies of SFs 88 and SFs 93, Report of Medical History.

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

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force Reserve sergeant (E-4).

On 2 Dec 68, the applicant enlisted in the Regular Air Force.

The applicant’s records contain page one of an SF 88, Report of Medical Examination, dated 31 Oct 72.

On 1 Dec 72, he was released from active duty and transferred to the Air Force Reserve (AFR).

Effective 1 Dec 74, according to Reserve Order CA-079430, dated 13 Dec 74, the applicant was relieved from assignment Headquarters Air Reserve Personnel Center (ARPC) and honorably discharged from the AFR.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

AFMRA/SGAT recommends partially granting the application by adding the second page of the SF 88, dated 31 Oct 72, provided by the applicant, to his Military Personnel Record.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence implying that the original SF 88, Report of Medical Exam, in the Military Personnel Record is incorrect; however, it does appear to be incomplete and missing the second page with the provider’s notes and signature.  The applicant contends when he was discharged, the examiner offered him a choice between claiming his current health issues or getting out of the military and he had to say he was perfectly healthy or he could not be released.  Given this admittance, and insufficient evidence that the original documentation supplied was legally struck from the record, recommend the applicant’s request be denied.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 5 Aug 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFMRA/SGAT and finds a preponderance of the evidence substantiates the applicant’s contentions in part.  Specifically, the applicant has provided the second page of the Standard Form 88, Report of Medical Exam, with the provider’s notes and signature, which is sufficient to justify granting the applicant’s request to include this in his Military Personnel Record.  However, for the remainder of the applicant’s request, the evidence presented did not demonstrate an error or injustice, and the Board therefore finds no basis to recommend granting that portion of the applicant’s request.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to add the second page of the Standard Form 88, Report of Medical Examination, dated 31 October 1972, to his Military Personnel Record.

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2020-01089 in Executive Session on 18 Nov 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 8 Jan 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFMRA/SGAT, dated 13 Jul 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 5 Aug 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.