RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2004-00085
            INDEX CODE 108.02, 110.02
            COUNSEL:  VFW

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1992 voluntary separation under  the  Special  Separation  Benefit
(SSB) early release program be changed to a disability retirement  for
knee problems.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Prior to and during the offer of the  Voluntary  Separation  Incentive
(VSI)/SSB programs, he was medically removed from his career field but
Medical Evaluation Boards (MEBs) were never convened.   His  commander
briefed him to take the money and get out because  his  normal  career
field was overstaffed and so was the  one  he  was  in.   The  medical
problems  shown  at  the  Department   of   Veterans   Affairs   (DVA)
Compensation and Pension (C&P) exams are the same as those he  had  on
active duty.

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


_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 24  Jun  76  for  a
period of four years.  He was honorably released from active  duty  in
the grade of sergeant on 23 Jun 80 after four years of active  service
and transferred to the Air Force Reserves.

He reenlisted in the Regular Air Force  on  15  Nov  83.   During  the
period in question, he initially was an aircraft electro-environmental
systems specialist instructor with the 3370 Technical  Training  Group
at Chanute AFB, IL.  He then was  assigned  to  the  86th  Maintenance
Squadron  in  Ramstein  AB,  Germany,  as   an   electro/environmental
specialist.

The applicant injured his  left  knee  playing  softball  in  Oct  87,
resulting in arthroscopic surgery in  Jan  88.   He  tore  the  medial
meniscus of his right knee squatting down to pick up a ball in Apr 90,
which led to arthroscopic surgery in Nov 90 in an  attempt  to  repair
the tear.  He initially did well post-operatively but then experienced
a sudden pop and pain during  rehabilitation  leading  to  his  second
arthroscopy on the right knee in Mar 91, which  revealed  the  initial
repair had failed and the tear had increased in size.

He continued to experience pain, which limited his  duty  performance.
He was placed on  physical  profiles  restricting  running,  aerobics,
squatting or bending.  The profile dated  21  Aug  91,  indicated  the
applicant was  pending  an  MEB  and  recommended  cross  training  to
“administrative type duties due to chronic knee  weakness  and  pain.”
No further documentation of an MEB being required or  accomplished  is
found in the records.

The decision to process  a  member  through  the  military  Disability
Evaluation System  (DES)  is  determined  by  a  MEB  when  he/she  is
determined disqualified for continued military service.  The  decision
to conduct an MEB is made by the medical treatment facility  providing
health care to the member.

The applicant applied for cross training in Sep 91 and his request was
approved  on  23  Dec  91.   He  interviewed  for  the  education  and
accounting/finance career fields and qualified for both.   He  instead
accepted training for a career as a Separation Specialist on 6 Jan 92,
with training to begin on 11 Jan 92.

The applicant underwent a third right  knee  arthroscopic  surgery  on
27 Jan 92 due to continued symptoms of  popping  and  pain.   Findings
showed a degenerative tear of the right medical  meniscus  with  other
aspects normal.  At the time of a 25  Mar  92  follow-up  appointment,
examination demonstrated no swelling, a full range  of  motion  (ROM),
and improving strength.  The applicant reported  occasional  recurrent
swelling.  The surgeon recommended continued  strengthening  exercises
and follow-up as needed for symptoms.

In Jan 92, early separation programs were implemented to draw down the
Armed Forces (177,000 in the Air Force) and the Air Force aggressively
encouraged eligible members to separate  under  the  VSI/SSB  program.
The VSI program offered payment of an annuity paid for twice  as  many
years as the member’s length of service, but required service  in  the
Ready Reserve for the length of the VSI payment.  SSB offered a single
lump sum and required three years of service in  the  Ready  Reserves.
The applicant opted for the SSB and  his  training  was  cancelled  on
16 Mar 92.

The  applicant’s  separation  exam  on  27  Mar  92  cleared  him  for
separation while reporting a history of pain in both  knees,  multiple
knee surgeries, and that the  applicant  complained  of  still  having
problems.

On 15 Jul 92, the applicant was  voluntarily  and  honorably  released
from active duty in the grade of staff  sergeant  after  13  years,  8
months and 1 day of active service, under the provisions  of  the  SSB
program, and transferred to the Air Force  Reserves.   He  received  a
lump sum payment of approximately $34,418.88.   On  15 Jul  95,  after
three years, the applicant was honorably discharged from the Air Force
Reserve.

_________________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR Medical Consultant advises the mere presence of  a  medical
condition does not qualify a member for  disability  evaluation.   The
Consultant discusses the differences  between  the  military  and  DVA
medical evaluation systems.   Although  the  applicant  was  medically
disqualified from his original career field  due  to  knee  pain,  his
condition was not the cause for termination of his career.  Had he not
applied for cross-training and undergone evaluation in  the  DES,  his
condition was not severe enough to warrant a rating entitling him to a
disability retirement.  At the time of his  separation  medical  exam,
placing the applicant on “medical hold” (retention on active duty  for
disability evaluation of medical conditions) for purposes of  MEB  was
not indicated.  Active  duty  members  who  develop  medical  problems
during the final 12 months of their active duty period (i.e.,  have  a
scheduled retirement or separation as in this case) are  presumed  fit
for continued  active  duty  unless  there  is  clear  and  convincing
evidence to the contrary.  For members  who  are  in  the  process  of
retiring or separating, medical hold is not approved for  the  purpose
of evaluating or treating chronic  conditions,  performing  diagnostic
studies,  elective  surgery  or  its  convalescence,  other   elective
treatment of remedial defects, or for conditions that do not otherwise
warrant termination of active duty through the DES.  Furthermore, when
there has been no serious deterioration within the presumptive  period
(i.e., the final 12 months of active service), the ability to  perform
duty in the future shall not be a consideration.  Therefore, denial is
recommended.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPD found no basis to correct the applicant’s medical records
to reflect a disability retirement.  The applicant was treated  fairly
throughout the disability process  and  was  not  erroneously  briefed
concerning his rights at the time of his election  to  separate  under
SSB.   DPPD  agrees  with  the  Medical  Consultant’s   advisory   and
determines no injustice or error occurred in the  process  leading  to
the applicant’s retraining and election to separate  under  SSB.   The
applicant’s request should be denied.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 27 Aug 04 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________

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 his voluntary separation under the provisions of SSB  should
be changed to a disability retirement. The applicant’s contentions are
duly noted; however, we do  not  find  these  assertions,  in  and  by
themselves, sufficiently persuasive to override the evidence of record
and the rationale provided by by the AFBCMR  Medical  Consultant.   We
therefore adopt the rationale expressed in the  advisory  opinions  as
the basis for our decision that the applicant has  not  sustained  his
burden of having suffered either an error or an injustice.  In view of
the above and absent persuasive evidence to the contrary, we  find  no
compelling basis to recommend granting the relief sought.

_________________________________________________________________

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 21 October 2004 under the provisions of  AFI  36-
2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Deborah A. Erickson, Member
                 Ms. Kathleen F. Graham, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2004-00085 was considered:

  Exhibit A.  DD Form 149, dated 5 Dec 03, w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, AFBCMR Medical Consultant, dated 20 Jul 04.
  Exhibit D.  Letter, HQ AFPC/DPPD, dated 13 Aug 04.
  Exhibit E.  Letter, SAF/MRBR, dated 27 Aug 04.





                                   RICHARD A. PETERSON
                                   Panel Chair