RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03702
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 5 JUN 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code be changed to an eligible code.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has been recently cleared of medical problems.
In support of his request, the applicant provided a personal
statement, a statement from his physician clearing him to participate
in military activities, six Character Reference Letters, and a copy of
his DD Form 214, Certificate of Release or Discharge from Active Duty.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
5 June 1996, for a term of 4 years. The applicant initially
experienced knee pain in April 1998, associated with physical training
exercises. On 22 January 2003, he experienced knee pain and was
diagnosed with patello-femoral pain syndrome.
After several episodes the applicant’s symptoms did not improve and a
Medical Evaluation Board (MEB) was initiated. The MEB narrative
summary was completed on 7 May 2004 and the MEB referred his case to
the Physical Evaluation Board (PEB). The PEB found the applicant
unfit for continued military service and he was discharged with
disability severance pay effective 7 September 2004.
The applicant served a total of eight years, three months and
three days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The Medical Consultant
states the applicant was disability separated with severance pay due
to chronic patellofemoral pain syndrome that significantly interfered
with performance of military duties despite prolonged restrictions of
activity and duty, and appropriate medical care including rest,
medication, and physical therapy. The Patello-femoral pain syndrome
is a common painful condition often aggravated by activities such as
running, squatting, especially in individuals who have not been
conditioned. The applicant submits a June 2005 medical statement
stating he is medically cleared to participate in activity associated
with military service in support of his contention that his knee
condition has resolved; however, the September 2005 Department of
Veteran Affairs medical entry shows that he continues to have
significant symptoms. The evidence of the record shows the applicant
experienced chronic symptoms that were refractory to appropriate
therapy.
According to the BCMR Medical Consultant, although the symptoms may
have resolved completely with complete cessation of any activity that
aggravated his symptoms, this does not mean they will not again recur
with resumption of activity associated with military service.
Based on the over six-year history of off and on symptoms and then
finally the markedly limiting nature of his symptoms that persisted
over a year despite appropriate treatment, it is very likely these
symptoms will recur in the setting of military service and again
interfere with the performance of military duties. It is noted that
the applicant desires to enter the Army where there is a much greater
emphasis and requirement for running, marching, and carrying military
gear than in the Air Force. In his final year in the Air Force,
prolong standing, walking, squatting or lifting were associated with
duty limiting symptoms.
The BCMR Medical Consultant states the preponderance of the evidence
does not support the applicant’s request for change of reenlistment
code. Action and disposition in this case are proper and equitable
reflecting compliance with Air Force directives that implement the
law. Therefore, no change in the records is warranted.
The BCMR Medical Consultant’s 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 5
May 2006, 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 an error or injustice to warrant changing the
applicant’s reenlistment eligibility (RE) code. We took notice of the
applicant’s complete submission in judging the merits of the case,
however; we agree with the opinions and recommendations of the BCMR
Medical Consultant and adopt his rationale as the basis for our
conclusion that the applicant has not been the victim of an error or
injustice. Therefore, in the absence of evidence to the contrary, we
find no compelling basis to recommend granting the relief sought in
this application.
_________________________________________________________________
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 Docket Number BC-2005-
03702 in Executive Session on 7 June 2006, under the provisions of AFI
36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Steven A. Cantrell, Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Nov 06, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 3 May 06.
Exhibit D. Letter, SAF/MRBR, dated 5 May 06.
THOMAS S. MARKIEWICZ
Chair
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