RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00677
INDEX NUMBER: 110.00
XXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code be changed from “2Q,”
“Personnel medically retired or discharged,” to one that will allow
his reentry into the Air Force.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The disability for which he was discharged did not exist prior to
service as indicated on his DD Form 214.
In support of his appeal, applicant references the claim he filed
with the Department of Veterans Affairs (DVA).
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant entered active duty in the Air Force on 26 Dec 96.
According to the Medical Evaluation Board (MEB) report, Applicant was
seen on 19 Jan 97 in the medical clinic for pain to his left knee.
Applicant indicated that he had caught his left foot in webbing on
the confidence course and fell. Applicant was treated and given a
waiver from running and physical conditioning. On 20 Jan 97,
Applicant was seen in consultation by Orthopedics and told that as
his pain decreased over the next 1-2 weeks, he could resume training.
However, the Applicant was seen at the medical clinic again on 28
Jan 97 and it was noted that his knee was worse. On 31 Jan 97,
Applicant was seen again because he fell down stairs and re-injured
his left knee. His exam was unremarkable and he was referred back to
Physical Therapy. On 5 Feb 97, Applicant was re-evaluated by the
Chairman of the Department of Orthopedics. It was recommended that
administrative disposition be pursued due to his inability to meet
medical standards/participate in basic training. Applicant indicated
he wanted to remain in the Air Force so he was given an additional
waiver from running and physical conditioning. He was subsequently
given several more waivers. On 24 Mar 97, he was told that his
waiver time was over and he had to return to training. Applicant
indicated that if he returned to training he would fail. On 25 Mar
97, an MEB diagnosed Applicant as having Patellar-Femoral Syndrome
unresponsive to conservative therapy based on his statement that he
could not continue training. The condition was determined to have
existed prior to service (EPTS) and to not have been permanently
aggravated by service. It was recommended that Applicant be referred
to an Informal Physical Evaluation Board (IPEB).
On 14 Apr 97, the IPEB convened and diagnosed the applicant as having
Patellofemoral Syndrome, left knee, EPTS, without service
aggravation. The IPEB recommended that Applicant be discharged under
other than chapter 61, 10 U.S.C. On 15 Apr 97, Applicant indicated
that he did not agree with the findings and recommended disposition
and demanded a formal hearing of his case. He was scheduled to
report to the Formal PEB (FPEB) on 21 Apr 97. However, on 22 Apr
97, Applicant submitted a request to waive the FPEB due to having
received an explanation of the IPEB’s findings and recommendations
from his counsel. Applicant indicated that he now wanted to concur
with the IPEB findings and recommendations. In his request, the
applicant also indicated his understanding that if the waiver were
approved, he would have no further right to demand a formal hearing
without substantial new evidence. The applicant’s waiver was
approved on 22 Apr 97. On 23 Apr 97, the Secretary of the Air Force
Personnel Council (SAFPC) directed that the applicant be separated
from active service for physical disability due to a condition that
existed prior to service.
On 28 Apr 97, the applicant’s Training Squadron Commander requested a
delay in the PEB proceedings due to the applicant having been placed
on administrative hold pending an investigation for mal-training/mal-
treatment of other trainees. The applicant was removed from
administrative hold on 29 Apr 97. He was discharged on 1 May 97 with
an RE code of “2Q.”
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of Applicant’s request. Applicant’s BCMR
application states his contested medical condition did not exist
prior to service and is supported by his claim to the DVA. However,
a DVA rating decision, dated 6 Mar 98, refers to a statement from a
Dr C___ expressing that Applicant had a minor knee injury prior to
military service and apparently had no problems when he entered
active duty. The DVA decision was reconsidered following Applicant’s
rebuttal and they ruled in his favor and rated his left knee as
service connected. Applicant failed to provide supporting evidence
that his left knee problem did not exist prior to his military
service.
The complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
30 Apr 04 for review and comment within 30 days. To date, a response
has not been received.
_________________________________________________________________
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. Sufficient relevant evidence has been presented to demonstrate
the existence of error or injustice regarding the applicant’s request
to change his code to one that will allow him to reenlist. Although
we agree with the Air Force office of primary responsibility
regarding the determination of the applicant’s medical condition as
EPTS, we believe the determination by the DVA that the applicant’s
medical condition is service connected creates the appearance of an
injustice. While we recognize that the DVA system and the Air Force
systems are separate and distinct, we believe that in the interest of
justice the applicant should be given the waiverable code of “3K”
whereby he may reenter service provided he meets the necessary
requirements for enlistment and is granted a waiver. We do not
support changing the narrative reason for his separation since we
believe it is correct and should be documented in his records.
Therefore, we recommend that his records be corrected as indicated
below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that at the time of his
discharge on 1 May 1997, his Reenlistment Eligibility (RE) code was
RE-3K.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2004-
00677 in Executive Session on 21 July 2004, under the provisions of
AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Martha J. Evans, Member
Mr. James W. Russell, III, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Mar 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPPD, dated 22 Apr 04.
Exhibit D. Letter, SAF/MRBR, dated 30 Apr 04.
MICHAEL K. GALLOGLY
Panel Chair
AFBCMR BC-2004-00677
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:
The pertinent military records of the Department of the Air
Force relating to XXXXXXX, XXXXXXX, be corrected to show that at
the time of his discharge on 1 May 1997, his Reenlistment
Eligibility (RE) code was RE-3K.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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