RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04510
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her uncharacterized entry level separation be changed to a
medical discharge for a service connected disability.
2. Her narrative reason for separation of Failed
Medical/Physical Procurement Standards be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The Narrative Summary states her condition of patellofemoral pain
syndrome (PFPS) was not present at the time of the medical
history intake and physical examination and the doctor crossed
out Existed Prior to Enlistment.
She did not have knee problems prior to her enlistment.
Her Department of Veterans Affairs (DVA) claim was denied based
on a preexisting condition; however, the narrative summary
clearly says the condition did not exist prior to enlistment.
In support of her request, the applicant provides a Narrative
Summary from an Air Force physician, and a VA Form 21-4138, Department of Veterans Affairs (DVA) Statement in Support of
Claim.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 2 Dec 98, the applicant enlisted in the Regular Air Force.
On 14 Dec 98, while in basic military training (BMT) the
applicant presented to the Dispensary with the complaint of
bilateral knee pain.
On 4 Jan 99, a medical narrative summary found the applicants
condition of PFPS was preventing her from training, was a
disqualifying condition, and was not present at the time of the
medical history intake and physical examination.
On 11 Jan 99, the applicant was notified by her commander that
she was recommending her discharge from the Air Force for
erroneous enlistment. The reason for the proposed action was her
commander received a medical narrative summary, dated 4 Jan 99
that found the applicant did not meet minimum medical standards
to enlist and that the condition existed prior to entering
military service. The applicant should not have been allowed to
join the Air Force because of PFPS.
She acknowledged receipt of the notification of discharge, waived
her right to counsel, and her right to submit statements in her
own behalf. The case file was found legally sufficient to
support discharge and the discharge authority approved the
separation.
On 14 Jan 99, she was discharged with an uncharacterized entry
level separation by reason of failed medical/physical procurement
standards. She served on active duty for a period of 1 month and
13 days.
_________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS recommends denial. SGPS states the applicants
separation was completed in accordance with established policy
and administrative procedures. Her history of the condition
renders her unsuitable for military service.
At the time of her induction examination she may not have been
aware that she had the condition. It came to light during BMT
and was aggravated by strenuous physical activity.
The complete SGPS evaluation is at Exhibit C.
AFPC/DPSOS recommends denial. DPSOS states the documentation on
file in the master personnel records supports the basis for the
discharge and the applicants entry level separation. The
discharge was consistent with the procedural and substantive
requirements of the discharge regulation and was within the
discretion of the discharge authority.
Airmen are given entry-level separation/uncharacterized service
characterization when separation is initiated in the first 180
days of continuous active service. The Department of Defense
(DoD) determined if a member served less than 180 days continuous
active service, it would be unfair to the member and the service
to characterize their limited service. Therefore, her
uncharacterized service is correct and in accordance with DoD and
Air Force instructions.
The applicants medical records from the training clinic were
unavailable for review. Absent documentation, there is a
presumption of regularity in which the applicant was afforded due
process and the discharge was consistent with the procedural and
substantive requirements of the discharge regulation. Although
the applicant states the condition did not exist prior to her
enlistment, her medical condition does not meet assessment
standards.
The complete DPSOS evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
She has talked to several benefits counselors that have confirmed
her DD Form 214, Certificate of Release or Discharge from Active
Duty, has been changed to reflect an honorable discharge.
Therefore, someone at the Review Board Office must have agreed
with her and the physician of record that her condition was not a
pre-existing condition.
In paragraph 5, of the AETC/SGPS memorandum, it clearly states
At the time of her induction examination she may not have been
aware that she had the condition. It came to light during basic
training at Lackland AFB, San Antonio, Texas and was aggravated
by strenuous physical activity.
One of the qualifications for a service connected disability is
that a veteran had to sustain an injury or disease that happened
while on active duty, or was made worse/aggravated by active
military service.
At the time of her induction, she was given an examination and
performed certain movements. The physician during intake passed
her. If there was a problem, he should have caught it at this
time.
The AFPC/DPSOS memorandum states the commander cited a medical
narrative summary dated 4 Jan 99 that found the applicant did not
meet minimum medical standards to enlist and stated the condition
existed prior to entering military service. The Narrative
Summary states just the opposite. The commander marked through
the Existed Prior to Enlistment and Erroneous Enlistment. The
author of the DPSOS memorandum states the applicant should not
have been allowed to join the Air Force because of PFPS. PFPS
is not a condition she had prior to intake. The pain occurred
during strenuous activity that aggravated to the point of
discharge. Everyday the pain is a constant reminder of what she
endured trying to serve her country.
The Review Board is saying she should not have been allowed in
the Air Force; however, as a result she has all the problems
mentioned above. Who should be accountable? By denying her a
service connected disability its sends a message the Air Force is
not accountable, and they are; the Air Force made a mistake.
The applicants complete response, with attachments, is at
Exhibit F.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends the application be denied.
The BCMR Medical Consultant agrees the applicants knee pain,
referred to a Patellofemoral Pain Syndrome (PFPS), likely did not
clinically manifest until the applicant participated in recurring
running activities required of BMT. However, individuals
presenting with the condition so soon after entering military
service, without a history of acute trauma, bring into question
their ability to serve and are generally released as an entry
level separation (within 180 days of enlistment). Under existing
policies service in these instances is determined
uncharacterized. Nevertheless, there remains the unanswered
question of whether the applicants condition was permanently
worsened by her physical activities (after one week of running).
The Consultant states the anatomic malpositioning of both of the
applicants patellae, referred to as a lateral tilt on X-rays
of her knees [and which DID exist prior to service], was the
substrate upon which the repeated motion of the malpositioned
knee cap, as it glided within the femoral [trochlear] groove,
predisposed her to experience knee pain. It is this repeated
maltracking of the patella with activity that resulted in the
pain. Without an arthroscopic evaluation at or about the time of
the applicants separation, it is virtually impossible to
determine whether the applicants physical activities then
resulted in fraying of the cartilage, or permanent damage, or
accelerated degenerateive changes within her knees, above and
beyond the expected natural progression of the disorder. Failing
conservative treatment measures, consideration of a surgical
intervention could have been made, e.g., a release of the fibrous
tissue retinaculum commonly causing the patellar tilt, thereby
allowing the patella to assume a more anatomically correct
position, with resultant improvement/resolution of symptoms. The
Medical Consultant opines the applicant has not met the burden of
proof of a permanent worsening of her knee functioning as a
result of activities during BMT. Should the Board render the
benefit of doubt in favor of the applicant, noting her apparent
continued symptoms 11 years after discharge, she would not be
eligible for disability compensation by the Military Department
due to her short period of service; although it may open the door
for care and compensation by the DVA.
The BCMR Medical Consultants evaluation is at Exhibit G.
_________________________________________________________________
APPLICANTS REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION:
On 26 Aug 11, a copy of the BCMR Medical Consultants evaluation
was forwarded to the applicant for review and comment within
30 days. To date, a response has not been received by this
office (Exhibit H).
_________________________________________________________________
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 opinions and recommendations
of the Air Force offices of primary responsibility and the BCMR
Medical Consultant and adopt their rationale as the basis for our
conclusion the applicant has not been the victim of an error or
injustice. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the relief
sought in this application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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-2010-04510 in Executive Session on 4 Oct 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to Docket Number
BC-2010-04510 was considered:
Exhibit A. DD Form 149, dated 4 Dec 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 19 Jan 11.
Exhibit D. Letter, AFPC/DPSOS, dated 18 Apr 11.
Exhibit E. Letter, SAF/MRBR, dated 29 Apr 11.
Exhibit F. Letter, Applicant, dated 24 May 11, w/atchs.
Exhibit G. Letter, BCMR Medical Consultant, 25 Aug 11.
Exhibit H. Letter, SAF/MRBR, dated 26 Aug 11.
Panel Chair
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