RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00010
            INDEX CODE:  108.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show a service  connection  for  his  knee
problems and chronic numbness in all his extremities.

By amendment,  he  requests  he  be  provided  30  percent  disability
compensation for chondromalacia of each of his knees,  and  40 percent
disability compensation for  the  numbness  in  all  his  extremities,
effective 1994.

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APPLICANT CONTENDS THAT:

He incurred problems with his knees while in the service.

He had weakness  and  dead  feelings  in  his  feet,  legs,  and  arms
following a motor vehicle accident in 1979.

In  support  of  his  appeal,  the   applicant   provided   supportive
statements, extracts from his medical records, and documentation  from
the Veterans Administration.

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

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STATEMENT OF FACTS:

Applicant’s available military personnel records indicate he  enlisted
in the Regular Air Force on 10 Nov 70.  He was honorably discharged on
11 Nov 73 for the purpose of immediate reenlistment and reenlisted  on
12 Nov 73.   He  was  honorably  discharged  on  7 Nov  77  under  the
provisions  of  AFM  39-10  (Discharge  -  Oversea   Returnee   Having
Insufficient Retainability for Permanent Change of Station).   He  was
credited with 6 years, 11 months, and 28 days of total active service.

The relevant facts pertaining to the  applicant’s  medical  conditions
are discussed in the advisory opinion provided by the  AFBCMR  Medical
Consultant at Exhibit C.

Documentation from the Department of Veterans Affairs (DVA), dated  16
Aug 04, provided by the applicant indicates he  was  granted  service-
connected disability compensation for chondromalacia of his right  and
left knees, with a disability rating of ten percent for each knee.

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AIR FORCE EVALUATION:

The Medical Consultant recommended  denial  indicating  that  after  a
review of the applicant’s  service  records,  he  found  no  error  or
injustice warranting  a  correction  of  his  records.   Although  the
applicant had numerous medical complaints, none  interfered  with  the
continued satisfactory performance of his duties and did  not  warrant
evaluation in the disability evaluation system.

A complete copy of the Medical Consultant’s evaluation is  at  Exhibit
C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion and furnished a  response  and
indicated he first encountered his ailments while in  the  service  of
his country and his medical conditions continued to  worsen  while  he
was in the military.

Applicant’s complete response, with attachments, is at Exhibit E.

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ADDITIONAL AIR FORCE EVALUATION:

The Medical Consultant reviewed the applicant’s rebuttal response  and
additional  documentary  evidence  and   again   recommended   denial,
indicating  that,  in  his  opinion,  no  change  in  the  records  is
warranted.

A complete copy of the Medical Consultant’s evaluation is  at  Exhibit
F.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Applicant reviewed the additional  advisory  opinion  and  provided  a
response and additional documentary evidence, which are attached at H.

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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 do not  find  it  sufficient  to  override  the  rationale
provided by the Medical Consultant.   Therefore,  in  the  absence  of
evidence that at the time of his  separation  from  active  duty,  the
applicant was unfit to perform the duties  of  his  rank  and  office,
within the meaning of the law, we agree with the recommendation of the
Medical Consultant and adopt  his  rationale  as  the  basis  for  our
decision that the applicant  has  failed  to  sustain  his  burden  of
establishing  he  has  suffered  either  an  error  or  an  injustice.
Accordingly, we find no compelling basis  to  recommend  granting  the
relief sought in this application.

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   issues   involved.
Therefore, the request for a hearing is not favorably considered.

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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 AFBCMR Docket Number BC-
2004-00010 in Executive Session on 18 Nov 04, under the provisions  of
AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. Dorothy P. Loeb, Member
      Ms. Jan Mulligan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Sep 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, Medical Consultant, dated 29 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Aug 04.
    Exhibit E.  Letter, applicant, dated 18 Aug 04, w/atchs.
    Exhibit F.  Letter, Medical Consultant, dated 23 Sep 04.
    Exhibit G.  Letter, AFBCMR, dated 27 Sep 04.
    Exhibit H.  Letter, applicant, dated 13 Oct 04, w/atchs.




                                   RICHARD A. PETERSON
                                   Panel Chair