RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-
03752
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 10 JUNE 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
His reason for discharge be changed from physical disability –
existed prior to entry into the service (EPTS) to a medical
discharge with severance pay and his military dress blue uniform
and dog tags be returned to him.
___________________________________________________________________
APPLICANT CONTENDS THAT:
When he enlisted in the Air Force he had an extensive exam and his
legs were just fine. While in basic training he had two
altercations with his drill instructor. During the first
altercation his drill instructor kicked him in the knees and legs,
and during the second altercation his drill instructor threw him
around slamming his legs on the concrete steps and bouncing him off
a metal railing. He did not tell anyone what happened because he
did not want his drill instructor to get a dishonorable discharge.
He tried to serve his country and his drill instructor ruined it
for him.
In 1983, his right knee was operated on he had a fractured patella
and torn meniscus. Had he known back then what his drill
instructor had done to him, he would have turned him in. His legs
still hurt him, he falls down, and his knees swell.
He would like to have VA benefits and all other benefits awarded to
disabled Vietnam veterans.
Applicant’s complete submission, with attachment, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 6 Jul 66, in the
grade of airman basic (E-1), for a period of four years.
While attending basic military training applicant was evaluated by
the orthopedic services and diagnosed with a tear of the medial
meniscus of the right knee. On 19 Jul 66, a Medical Evaluation
Board was held at Lackland AFB, TX, for right knee pain. The
medical narrative indicated that applicant had sustained an injury
to his right knee at the age of 12. No medical attention was given
at that time and he continued to have pain when walking. His right
knee would give way on occasion causing him to fall re-injuring the
knee. Applicant had continuous pain in the right knee during basic
training. The medical condition existed prior to entry into the
service and was not aggravated by service beyond the normal
progression of the disease. The results of the medical board
directed that applicant receive an honorable discharge under the
provisions of Chapter 9, AFM 35-4, Authority SND 277, Physical
Disability-EPTS. Applicant concurred with the medical board
findings.
On 25 Jul 66, applicant received an honorable discharge under the
provisions of Chapter 9, AFM 35-4, with reason and authority SDN
277, Physical Disability – EPTS. Applicant served 1 month and 10
days of active military service.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPD recommends the application be denied and states the
preponderance of evidence reflects that no error or injustice
occurred during the disability process. At the time the member
separated it was policy that military uniforms were confiscated at
time of discharge and not given to the individuals.
A complete copy of the DPPD evaluation, with attachments, is at
Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant responds with a personal letter naming two locations in
which medical records can be obtained on him. He also submits an
AF Form 618, Medical Board Report.
Applicant’s response, with attachment, is at Exhibit E.
___________________________________________________________________
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. We took notice of
the applicant's complete submission in judging the merits of the
case; however, we agree with the opinion and recommendation of the
Air Force office of primary responsibility and adopt its 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-
03752 in Executive Session on 14 February 2006, under the
provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. LeLoy W. Cottrell, Member
Ms. Cheryl V. Jacobson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Nov 05, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 9 Jan 06, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 13 Jan 06.
Exhibit E. Letter, Applicant, undated, w/atch.
RICHARD A. PETERSON
Panel Chair
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