RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00861
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His discharge reflects he was medically discharged.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or
unjust and the evidence submitted in support of the appeal are at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The 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.
_________________________________________________________________
AIR FORCE EVALUATION:
AFBCMR Medical Consultant states that the applicant’s service medical
record, which appears to be complete since it includes a report of his
induction physical, contains no references to any hospitalization in
Florida. He was discharged due to an unfitting condition of his right
knee that existed prior to service. The VA has denied service
connection for his left knee condition. There is no evidence in the
service medical record to support the applicant’s request. Therefore,
the BCMR Medical Consultant is of the opinion that no change in the
records is warranted.
A complete copy of the evaluation is attached at Exhibit C.
AFPC/DPPD states that applicant was subsequently found unfit by a
board of medical officers due to his inability to perform his military
duties for a painful right knee that prevented him from walking
without great discomfort.
A recent rating from the Department of Veterans Affairs (DVA) dated 15
April 2002, reflects he was seen for a knee pain in which he claims
injury to his left knee in basic training during a typhoon. Applicant
also claims to have been hospitalized for 10 days following this
incident at the D--- C--- Hospital in C---, Florida. No medical
evidence of a left knee injury during this timeframe could be located.
It was subsequently acknowledged that the applicant did receive a
Certificate of Disability Discharge for his injured right knee;
however, this condition was determined to have existed prior to his
entrance on active duty. Pre-existing medical conditions incurred
prior to a member’s entrance on active duty are not ratable or
compensable under the military disability evaluation system, unless it
can be determined that the condition was service aggravated. The DVA
subsequently found both knee injuries as not service-connected and the
applicant was determined not eligible for treatment or compensation.
Service connection may be granted for a disability that began in
military service or was caused by some event or experience in service.
If the applicant still feels he has been wronged, they highly
recommend that he ask assistance from one of his local veteran service
organizations, i.e., American Legion, Veterans of Foreign War (VFW),
etc., in submitting his claim/rebuttal. The medical aspects of this
case are fully explained by the Medical Consultant; they agree with
his advisory. Therefore, they recommend denial of applicant’s
request.
A complete copy of the evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluations and states that he is
not looking for compensation. He states that he did spend 10 days in
the D--- C--- Hospital in C---, Florida. As it is now, he does not
need an operation now as the symptoms arise on certain occasions and
he feels, as the doctor feels, that he can live with it unless it gets
worse. He states that if the knee was injured before his entering the
service, it could in fact have been aggravated in the service. At any
rate, it caused a problem and he was not fit for active duty. He
again states that it is not compensation he is looking for, it status.
The status meaning that there are things such as paperwork and
medication benefits that he could benefit from---not money. His
discharge does in fact state CDD Medical Discharge and just because he
never applied for compensation there’s no reason by his status cannot
be corrected. He still does not understand why his stay in the D--- C-
-- Hospital does not appear. He hopes this letter will help clarify
and help bring about a favorable decision on this matter.
A copy of applicant’s letter is attached at Exhibit F.
_________________________________________________________________
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 Staff
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
compelling 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 on 23
July 2002, under the provisions of AFI 36-2603:
Ms. Patricia D. Vestal, Panel Chair
Mr. Grover L. Dunn, Member
Mr. Albert J. Starnes, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Mar 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 17 May 02.
Exhibit D. Letter, AFPC/DPPD, dated 4 Jun 02.
Exhibit E. Letter, AFBCMR, dated 14 Jun 02.
Exhibit F. Applicant’s Letter, dated 27 Jun 02.
PATRICIA D. VESTAL
Panel Chair
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