Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2005-03702
Original file (BC-2005-03702.doc) Auto-classification: Denied

                       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

Similar Decisions

  • AF | BCMR | CY2005 | BC-2004-02227

    Original file (BC-2004-02227.DOC) Auto-classification: Denied

    According to the Medical Consultant, his review of the applicant’s service medical record showed his knee condition, diagnosed as patello- femoral pain syndrome, interfered with the performance of his duties and he was assigned to administrative duties. Noting the DVA granted the applicant service-connected disability for various conditions including his knee conditions, the Medical Consultant indicated the Department of the Defense (DoD) is required to use the VA Schedule for Rating...

  • AF | PDBR | CY2013 | PD-2013-02664

    Original file (PD-2013-02664.rtf) Auto-classification: Denied

    The Informal PEB adjudicated “chronic LBP with degenerative disc disease (DDD) at L5-S1” as unfitting, rated 10%, with application of the VA Schedule for Rating Disabilities (VASRD). My rating was for Chronic Low back pain with Degenerative disc Disease at L5-S1, what was not included but could be condition for being unfit. BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department regulations or guidelines relied upon by the PEB will not be considered by the Board to the...

  • AF | BCMR | CY2004 | BC-2003-01952

    Original file (BC-2003-01952.doc) Auto-classification: Denied

    Otherwise, a permanent profile change to limit these activities may be considered.” The commander stated in his letter to the Physical Evaluation Board the applicant was assigned to less strenuous duties which did not require prolonged periods of standing, walking or squatting. _________________________________________________________________ AIR FORCE EVALUATION: The Chief Medical Consultant, AFBCMR, states the applicant was diagnosed with bilateral patellofemoral pain syndrome (chronic...

  • AF | BCMR | CY2013 | BC 2013 01659

    Original file (BC 2013 01659.txt) Auto-classification: Denied

    The Boards may rate any condition they find that renders the service member unfit for service. Further, it must be noted the Air Force disability boards must rate disabilities based on the member’s condition at the time of evaluation; in essence, a snapshot of their condition at that time. On 25 April 2007, the Informal Physical Evaluation Board (IPEB) found the applicant unfit for further military service due to chronic low back pain, with disc extrusion of L4-5 and L5-S1, and recommended...

  • AF | BCMR | CY2005 | BC-2004-01358

    Original file (BC-2004-01358.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01358 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her uncharacterized separation be changed to an honorable separation. The podiatrist told her that she had a pulled tendon in the arch of her left foot and that the alignment was off in both her legs and feet. ...

  • AF | PDBR | CY2009 | PD2009-00551

    Original file (PD2009-00551.docx) Auto-classification: Denied

    The CI was referred to a Physical Evaluation Board (PEB) and was found unfit for continued military service, due to the left knee condition. Post-operatively the CI was treated with PT and her knee pain improved 50%. Exhibit C. Department of Veterans' Affairs Treatment Record.

  • AF | BCMR | CY2006 | BC-2005-00308

    Original file (BC-2005-00308.doc) Auto-classification: Denied

    In support of his application, applicant provided a personal letter, and copies of his medical records. On 12 July 2004, the Informal Physical Evaluation Board (IPEB) concluded that no single problem was individually unfitting but that combined, the applicant's chronic neck pain secondary to degenerative disk disease associated with vagal response syncopal episodes, right upper extremity paresthesias, migraine headaches and mood disorder were unfitting for continued military service. ...

  • AF | PDBR | CY2009 | PD2009-00590

    Original file (PD2009-00590.docx) Auto-classification: Denied

    The CI was referred to the Physical Evaluation Board (PEB), found unfit for the painful Right Knee condition (Patello-femoral Chondromalacia), and separated at 10% disability using the Veterans Affairs Schedule for Rating Disabilities (VASRD) and applicable Navy and DoD regulations. These other conditions are all judged by the Board to be not unfitting at the time of separation from service, and are not relevant for disability rating. RECOMMENDATION : The Board recommends that there be no...

  • AF | PDBR | CY2012 | PD2012-00004

    Original file (PD2012-00004.docx) Auto-classification: Approved

    Right Ankle Condition . While service treatment records and the commander’s statement documented intermittent bilateral ankle pain and swelling, the left ankle did not appear as a diagnosed condition in the core DES nor was it clinically or occupationally active during the MEB period. I have carefully reviewed the evidence of record and the recommendation of the Board.

  • AF | BCMR | CY2006 | BC-2005-02088

    Original file (BC-2005-02088.doc) Auto-classification: Denied

    The BCMR Medical Consultant states evidence of record shows the applicant was unable to participate in and complete the physical requirements of military training due to knee pain diagnosed as patellofemoral pain syndrome existing prior to service. The BCMR Medical Consultant’s complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 28 July 2006, the evaluation was forwarded to the applicant for...