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