RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00407
INDEX CODE: 112.00
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry code of 2Q (Personnel medically retired or discharged) be
changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His reentry code is preventing his reentrance into the military. His
medical condition at the time of his discharge has been completely
resolved.
In support of his request, the applicant provided a copy of his DD Form
214, Certificate of Release or Discharge from Active duty, documents
extracted from his service and civilian medical records and a statement
from his physician.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
A medical report narrative summary indicates the applicant presented to
military medical officials with a history of increasing bilateral knee
pain, since entering Basic Military Training. He reported experiencing
episodes of pain since childhood, but that those resolved after quitting
sports activities. He underwent a bone scan, plain x-rays, and a magnetic
resonance imaging (MRI) scan of both knees; the latter test revealing a
localized degenerative defect involving the articular surface of each
distal femur, called osteochrondritis dessicans (OCD). His examination and
MRI scan confirmed evidence of an unrelated anterior cruciate ligament
(ACL) deficiency, believed to be the cause of his reported give-way
sensation involving the right knee. He declined surgical treatment of his
deficient ACL. After discussing other treatment options with an orthopedic
surgeon, he elected to undergo a bilateral surgical procedure to excise the
localized articular defects and to replace each with an allograft, by
essentially introducing a bone plug to reestablish continuity of the joint
surface. Following surgery, he was then placed on a post-operative course
of treatment, to include a period of physical therapy, nonweight-bearing
crutch walking, and a nonsteroidal anti-inflammatory for pain. Five months
following surgical treatment, he reported a return of pain to its pre-
operative severity level; with particular difficulty climbing stairs, with
no pain when at rest.
A Medical Evaluation Board (MEB) convened on 27 June 2003 and referred his
case to an Informal Physical Evaluation Board (IPEB) with a diagnosis of
ACL deficiency, right knee. On 30 July 2003, the IPEB found him unfit for
further military service and recommended discharge. The IPEB stated his
medical condition existed prior to service (EPTS) and has not been
permanently aggravated through military service. The IPEB noted the
applicant’s childhood history of symptoms with sports activities. The
applicant agreed with the findings and recommended disposition of the IPEB.
On 4 August 2003, the Office of the Secretary of the Air Force directed
discharge effective 2 September 2003. He served 1 year, 2 months, and
29 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial. DPSD states the applicant is stating that his
medical condition has resolved completely and he has generous support for
medical clearance to reenlist in the service or join the Reserves. The
correct RE code for a person who is approved for a medical retirement or
separation is 2Q. The preponderance of evidence reflects that no error or
injustice occurred during the disability process or at the time of
separation.
The complete DPSD evaluation is at Exhibit C.
AFPC/DPSOA recommends denial. DPSOA states there is no error or injustice
in this case.
The complete DPSOA evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluations and states he is not alleging that
there was some injustice or error in his MEB findings. The findings of the
MEB were correct at that time to the best of his knowledge. He did agree
and decided not to appeal the findings/decision at that time. When his
case was decided upon by the MEB, his knees had not fully recovered from
the bilateral knee surgery (osteoarthritic transfer) and he was not sure if
he was going to return to normal or not considering it had been a few
months post-op. He had allografts placed bilaterally. They took a few
months of non-weight bearing for them to fuse completely. It did take
quite some time and physical therapy to get him back to normal after so
long of inactivity. That is why at the time, he was not sure if he was
going to be able to stay with the military and he agreed with their
findings.
He has a strong desire to reenlist. He runs three to five miles a day and
performs strenuous activities frequently. The reviewing individual seems
to think the orthopedic physician and the MRI result conflict. The MRI may
look a bit negative but it is fairly normal to have those changes after
that kind of surgery and basically his knees are a bit arthritic, which has
not posed a problem for him. He has full range of motion, no edema,
slipping, or pain. He has visited many physicians as well as undergone
numerous tests specifically to present to the Air Force that he is a
healthy individual capable and desiring reentry. He has dedicated a lot of
money and time to this and has taken more than the necessary steps that he
was told by the recruiters to do.
The applicant’s complete response, with attachments, is at Exhibit F.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The AFBCMR Medical Consultant recommends denial. The Medical Consultant
states the applicant has been fortunate to have received the benefit of
surgical treatment of his OCD. He has reportedly been asymptomatic and now
reportedly has been able to compete in a 5 kilometer race with a time
approximating 22 minutes. The applicant is highly motivated to return to
active military service and to pursue the nursing career field, possibly
becoming a certified registered nurse anesthetist. The Medical Consultant
cannot determine the applicant’s long-term prognosis (particularly if truly
running on a daily basis), but based upon the expected natural course of
his degenerative joint disease, it is more likely than not that the process
will continue to progress at the risk of a recurrence of difficulties with
pain. Thus, in making its determination, the Board should consider the
likely return on investment for returning the applicant to duty to pursue
new or resume his previous career field (having already been transferred
from Air Traffic Control to a medical career field). Further, although an
abnormal x-ray or an illness does not constitute unfitness for duty, in the
case under review the radiographic evidence of degenerative arthritis is an
ominous sign for a return of problems in the not so distant future.
Additionally, although perceived to be less physically strenuous, a medical
career field will not spare the applicant’s vulnerability for enduring the
same extreme physical stressors and requirements confronting all members of
today’s Air and Space Expeditionary Force.
The Medical Consultant finds the applicant’s recovery remarkable and is
pleased to see he has demonstrated the ability to perform in activities in
which he was unable to perform prior to and during his military service.
Additionally, the Medical Consultant acknowledges the nursing shortages
confronting the military and the nation. However, the interests of the Air
Force are better served by not subjecting the applicant to conditions that
will place him at great risk for an exacerbation or chronic knee pain that
will likely restrict his utilization as a total force asset; and which will
follow him long after serving our nation.
The Medical Consultant’s complete evaluation is at Exhibit G.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL EVALUATION:
A copy of the Medical Consultant's evaluation was forwarded to the
applicant for review and comment within 30 days (Exhibit H). 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. Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice warranting some relief. We understand that the
reentry code assigned to the applicant at the time of his discharge was
technically correct and in compliance with the applicable instruction.
Further, we are not unmindful of the position of the Air Force offices of
primary responsibility and BCMR Medical Consultant. However, according to
the evidence presented by the applicant it appears that the condition which
prevented him for continuing his military career may have resolved and we
believe reasonable doubt has been established as to whether or not he may
be able to provide effective and meaningful service to our nation.
Accordingly, it is our opinion that the benefit of any doubt should be
resolved in his favor and we recommend that his records be corrected in a
manner which would allow him to apply for a waiver to reenlist. Whether or
not he is successful in his endeavor will depend upon the needs of the
service and our recommendation in no way guarantees that he will be allowed
to return to the Air Force or any branch of military service. Therefore,
we recommend his RE code be changed as indicated below.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that at the time of his discharge on 2
September 2003, his reentry code was 3K.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2008-
00407 in Executive Session on 9 October 2008, under the provisions of AFI
36-2603:
Mr. James W. Russell III, Panel Chair
Mrs. Lea Gallogly, Member
Mr. Gregory A. Parker, Member
All members voted to correct the records as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 January 2008, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 8 February 2008.
Exhibit D. Letter, AFPC/DPSOA, dated 27 February 2008.
Exhibit E. Letter, SAF/MRBR, dated 4 April 2008.
Exhibit F. Letter, Applicant, not dated, w/atchs.
Exhibit G. Letter, AFBCMR Medical Consultant, dated 27 May 2008.
Exhibit H. Letter, SAF/MRBR, dated 10 June 2008.
JAMES W. RUSSELL III
Panel Chair
AFBCMR BC-2008-00407
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to XXX, be corrected to show that at the time of his discharge on
2 September 2003, his reentry code was 3K.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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