RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: BC-2003-00299
INDEX CODE 108.01 108.10
COUNSEL: None
HEARING DESIRED: Yes
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 1968 honorable discharge for a disability that existed prior to
service (EPTS) be changed to a medical discharge for a service-
aggravated condition, and all statements alleging he denied a history
of knee injury during his induction physical and all references to a
preexisting knee condition be stricken from the record.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He had surgery to his left knee in 1967. When he had his entrance
physical in 1968, the doctor examined both knees and noticed the scar
on his right knee; his left knee was fine from surgery and he told the
doctor this. During his training, he re-injured his left knee.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant first enlisted in the Air Force on 4 Jun 64 for a period
of four years. However, he was granted a hardship discharge to help
his widowed mother and, after 4 months and 26 days of active service,
was discharged on 29 Oct 64 and transferred to the Air Force Reserves.
The applicant again enlisted in the Regular Air Force on 9 Jul 68. The
Report of Medical Exam by a captain at the examining facility at
Baltimore, MD, indicates only a tattoo on the applicant’s arm by the
“Identifying body marks, scars, tattoos” item. No other abnormalities
were listed.
An 18 Jul 68 Report of Medical Exam by Wilford Hall Medical Center
(WHMC) at Lackland AFB identified a five-inch surgical scar on the
applicant’s left knee and a four-inch laceration scar on his right
leg.
Medical entries dated 22 Jul 68 indicate the applicant was
experiencing range of motion (ROM) pain and mild edema from a very
unstable left knee. The applicant apparently had a meniscectomy on 31
Jul 67 and a second operation in Aug 67 (for a staphylococcal
infection). Apparently during basic training, the knee gave way and he
fell. The orthopedist’s impression and diagnosis was residual
instability of the left knee following injury and meniscectomy, EPTS.
The narrative summary of the 24 Jul 68 Medical Evaluation Board (MEB)
claims the applicant “denied this whole history of the knee injury on
the induction history because he wanted to enlist in the Air Force.”
The summary indicates the induction physical does not mention any
findings in regard to the left knee including the scars in that area.
The medial collateral ligament of the left knee was extremely lax. The
diagnosis was residual instability of the left knee following injury
and meniscectomy. The condition was determined to have EPTS and not
aggravated by the service beyond the normal progression of the
disease. Discharge for an unfitting EPTS condition was recommended.
On 25 Jul 68, the applicant acknowledged by signature that he had been
informed of the findings and recommendations of the MEB. On 2 Aug 68,
he was discharged after 24 days of active service without entitlement
to disability severance pay.
Available Department of Veterans Affairs (DVA) medical records reflect
that the applicant had disc surgery in Nov 71 and continued to
experienced recurrent low back pain with radiation into the left leg.
A rating claim of 26 Nov 76 denied service connection for the left
knee condition and tuberculosis. The report indicated the records
contained no evidence showing treatment for or diagnosis of pulmonary
tuberculosis, and the left knee condition was shown to have EPTS with
no service aggravation. The back pain was not incurred or aggravated
during military service. A 16 Feb 1977 DVA rating decision indicates
the applicant had been unemployed since Dec 75, claiming total
disability due to a back condition. The narrative also indicated that
the applicant’s disabilities did not prevent him from engaging in
substantially gainful employment. He was given a combined rating of
20% for left knee post-operative meniscectomy, EPTS, and low back
pain. A 6 Oct 78 hospital summary notes multiple back surgeries for
disc problems as well as narcotic/alcohol abuse. A 30 Jan 95 DVA
rating decision did not reopen the applicant’s claim for service
connection for left knee disability.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant asserts the applicant was discharged
because of a disqualifying EPTS medical condition. There is no
evidence in the service medical records that the applicant’s left knee
condition was permanently aggravated by service. Denial is
recommended.
A complete copy of the evaluation is at Exhibit C.
HQ AFPC/DPPD notes the MEB determined the applicant’s physical defect
was EPTS and not service aggravated. The case was never forwarded to
the PEB for adjudication. When the applicant applied for a disability
discharge on 24 Jul 68, he acknowledged he understood he would be
discharged without disability retirement or severance pay. They agree
with the AFBCMR Medical Consultant and also recommend denial.
A complete copy of the evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He contends successful knee surgery was performed more than one year
before his enlistment which stabilized the left knee and reestablished
full ROM, reflex and function. He was in no way disabled when he
entered the Air Force. The physical military training and exercise
during his 24 days of service aggravated the knee, causing a
disability where none had existed prior to active duty. The statement
of the attending physician that he “had not reported (t)his history of
knee surgery at the time of the entrance medical examination on April
15, 1968” was presumptuous and entirely in error. A number of the
medical comments are inaccurate and untrue and precipitated the MEB
decision to disqualify him for continued military service and disallow
his request for a service-connected disability. He does not know why
the examining physician failed to note, describe or mention findings
regarding the left knee, but he and the doctor did discuss the
obvious, one-year-old, five-inch scar while he sat in a chair across
from the doctor in nothing but boxer shorts. Following a regimen of
knee exercises, the examining physician pronounced him physically fit
for military service. It is inconceivable that he would have denied
the knee injury so he could enlist, as alleged, when there was no way
he could have convinced a trained medical professional that the
clearly visible scar really wasn’t there. His rights were deprived in
the discharge process and there were no hard facts to support the
diagnosis that his condition was pre-existing.
The applicant provides photos to show the scar area is still highly
visible 35 years later, as well as medical evaluations done in 1997,
1998 and 2002. He indicates he is trying to obtain more medical
records from various VA medical centers. His complete responses, with
attachments, are 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. After a thorough review of the
evidence of record and the applicant’s submission, we are not
persuaded he should be granted a medical discharge for a service-
aggravated condition. We do not dispute the scar on his left knee from
his prior-service surgery would probably have been visible during his
entry physical. However, this does not negate the fact that the
applicant’s knee condition existed prior to service. The meniscectomy
and subsequent surgery on his left knee for infection occurred in Jul
and Aug 67. Within days after the applicant’s enlistment in Jul 68,
his left knee was found to be very unstable with the medial collateral
ligament extremely lax. The applicant has not shown to our
satisfaction that the residual instability of his left knee following
injury and surgery in 1967 did not exist prior to service or was
aggravated by the service beyond the normal progression of the malady.
The applicant acknowledged the MEB’s findings and recommendations that
he be discharged for an EPTS condition that was not aggravated by
military service. We therefore adopt the rationale by the Medical
Consultant and the Air Force as the basis for our decision that the
applicant has failed to sustain his burden of having suffered either
an error or an injustice. In view of the above and absent persuasive
evidence to the contrary, we conclude this appeal should be denied.
4. The applicant’s case is adequately documented and it has not
been shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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 8 July 2003 under the provisions of AFI 36-2603:
Mrs. Barbara A. Westgate, Chair
Mr. Roscoe Hinton, Jr., Member
Ms. Carolyn J. Watkins-Taylor, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2003-00299 was considered:
Exhibit A. DD Form 149, dated 30 Dec 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR Medical Consultant, dated 8 Apr 03.
Exhibit D. Letter, HQ AFPC/DPPD, dated 6 May 03.
Exhibit E. Letter, SAF/MRBR, dated 13 May 03.
Exhibit F. Letter, Applicant, dated 4 Jun 03
BARBARA A. WESTGATE
Chair
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