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AF | BCMR | CY2006 | BC-2005-03752
Original file (BC-2005-03752.doc) Auto-classification: Denied

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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