RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01011
INDEX CODE: 110.12
XXXXXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXX HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
He receive a disability discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His preexisting condition was service aggravated. He would like his
records changed so he may qualify for Veterans Affairs benefits.
In support of his request, the applicant provides a copy of his DD Form
214. The applicant’s submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 4 November 1970, the applicant enlisted in the Regular Air Force in the
grade of airman basic for a period of four years.
On 24 December 1970, the applicant’s medical records were reviewed by a
Medical Evaluation Board (MEB) following his sick call visit for left knee
pain from an “old injury.” The MEB convened to consider his case and
rendered the diagnoses of “Chondromalacia patella and old tear of the
medial meniscus of left knee.” The MEB determined the diagnosis was “EPTS”
(Existing Prior to Service) not permanently aggravated by service. The MEB
found the applicant was unfit for continued military service and
recommended he be discharged.
On 4 January 1971, the applicant was discharged in the grade of airman
basic by reason of physical disability - EPTS with an honorable discharge.
He was credited with 2 months and 1 day, of active duty service.
The remaining relevant medical facts pertaining to this application,
extracted from the applicant’s medical records, are contained in the letter
prepared by the BCMR Medical Consultant at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends that no change in the records is
warranted. The BCMR Medical Consultant states that a review of his records
finds no evidence of in service aggravation of the original left knee
injury. Disabilities that existed prior to service and were not
permanently aggravated by service are not compensable under the rules of
the military disability system. The BCMR Medical Consultant evaluation is
at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 18 November 2004, a copy of the Air Force evaluation was sent to the
applicant for review and comment. As of this date, this office has not
received a 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, we are not persuaded that the applicant’s discharge should be
changed to a medical disability discharge. Applicant’s contentions are
duly noted; however, we do not find these uncorroborated assertions, in and
by themselves, sufficiently persuasive to override the evidence of record
or the rationale provided by the BCMR Medical Consultant. We therefore
agree with the recommendations of BCMR Medical Consultant and adopt the
rationale expressed as the basis for our decision that the applicant has
failed to sustain his burden that he has suffered either an error or an
injustice. Therefore, 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 probable 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 17 February 2005, under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. Gregory A. Parker, Member
Mr. Christopher D. Carey, Member
The following documentary evidence was considered for AFBCMR Docket Number
2004-01011:
Exhibit A. DD Form 149, dated 26 Mar 04, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 15 Nov 04.
Exhibit D. Letter, SAF/MRBR, dated 18 Nov 04.
MICHAEL K. GALLOGLY
Panel Chair
AF | BCMR | CY2004 | BC-2004-00677
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. 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 failed to provide supporting evidence that his left knee problem did not exist prior to his military service.
AF | BCMR | CY2007 | BC-2006-00667
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00667 INDEX CODE: 108.00 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 5 SEPTEMBER 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he received a permanent disability retirement with a 100 percent disability rating. On 16 August 2002, the applicant met a Medical Evaluation...
AF | BCMR | CY2006 | BC-2006-02456
Shortly after entering basic military training, the applicant was diagnosed with a medical condition (Chondromalacia Patellae) that existed prior to service, which had it been detected at that time should have disqualified him for enlistment. In this respect, the discharge the servicemember received indicates an uncharacterized entry-level separation for serving less than six months of service which would be appropriate considering that the applicant served 56 days of active military...
AF | BCMR | CY2006 | BC-2006-02481
The applicant was disability discharged with severance pay with a 20% disability rating (30% less 10% Existed Prior to Service (EPTS) factor) on April 7, 1983 for Bipolar Disorder. The orthomolecular psychiatrist in a letter dated November 5, 1980 supported the applicant’s entry into military service, with a caveat that he hadn’t seen the applicant in over two years. BY DIRECTION OF THE PANEL CHAIR RALPH J. PRETE Chief Examiner Air Force Board for Correction of Military...
AF | BCMR | CY2006 | BC-2005-02389
Applicant states he did not receive urgent, timely treatment and medical care to correct his right shoulder and neck condition. The complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In his response to the Air Force evaluation, the applicant states he has discovered errors in the BCMR Medical Consultant’s assessment of the facts and is providing additional documentation to support his request. ...
AF | BCMR | CY2004 | BC-2004-00052
_________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends the application be denied and states, in part, that at the time, the applicant did not contest the IPEB’s decision to decrease the 22% disability rating to 10% because his service medical records indicated the condition existed prior to service. Applicant’s complete response is at Exhibit...
AF | BCMR | CY2007 | BC-2006-02666
The applicant's complete submission, with attachments, is at Exhibit A. BCMR Medical Consultant’s Note: The Methacholine Challenge Test is a method of diagnosing asthma, especially in adults where their medical history of asthma is uncertain and routine pulmonary function tests are normal. The Methacholine Challenge Test is considered accurate, but has certain limitations and should not be relied on for a diagnosis in a patient with symptoms strongly suggesting asthma and/or...
AF | BCMR | CY2004 | BC-2003-03089
The determination that it existed prior to service was based on his report that the condition existed since the 7th grade. Exhibit C. Letter, BCMR Medical Consultant, dated 30 Apr 04. Exhibit D. Letter, SAF/MRBR, dated 12 May 04.
AF | BCMR | CY2005 | BC-2004-02530
On 14 February 2001, Officials within the Office of the Secretary of the Air Force determined the applicant was physically unfit for continued military service due to a physical disability which existed prior to military service (EPTS) and directed the applicant be discharged without disability benefits. The BCMR Medical Consultant states the applicant was discharged for recurrent major depression that existed prior to service. ...
AF | BCMR | CY2005 | BC-2004-03053
On 9 July 1981, he failed to report at the scheduled time to his appointed place of duty, for which he was counseled on 9 July 1981. The BCMR Medical Consultant’s evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the evaluation was forwarded to the applicant on 7 October 2005 for review and response within 30 days. ________________________________________________________________ THE...