RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2011-01380

		COUNSEL:  NONE

		HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge with severance pay (DWSP) be changed to a medical 
retirement.

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APPLICANT CONTENDS THAT:

His is currently rated by the Department of Veterans Affairs 
(DVA) with a compensable disability rating of 70 percent.  He 
should have been rated higher than 20 percent when he was 
disability separated from the United States Air Force Reserve 
(USAFR).

In support of his appeal, the applicant submits a copy of his 
DVA Decisional documents and a statement through his DVA 
representative.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

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STATEMENT OF FACTS:

Based on the available record, the applicant was released from 
active duty and transferred to the USAFR, effective 21 Jul 99.  

The applicant was honorably discharged, on 15 Dec 01, with a 
compensable disability rating of 20 percent, with severance pay.  

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THE AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The BCMR Medical 
Consultant states more likely than not the applicant would have 
been found unfit for military service only for his left knee 
ailment with no greater than the 10 percent rating he has 
received via DVA adjudication.  The record shows his left knee 
was the singular condition that resulted in his extended 
(greater than one year) profile restrictions and worldwide 
disqualification.  Therefore, the applicant has not met the 
burden of proof of an error or injustice that warrants the 
desired change of the record.

The applicant asks for a medical retirement.  The preponderance 
of the applicant's service medical evidence reflects that a 
chronic left knee ailment was the principle condition that 
resulted in his disqualification for military service.  Although 
the applicant's left knee condition reportedly resulted from a 
service incurred injury while playing basketball in 1990, it 
appears that he may have also been administratively released 
from military service, under the provision of AFI 36-3209, 
Separation and Retirement Procedures for the ANG and USAFR 
Members, possibly for failure to timely submit required medical 
documentation and signed forms regarding his Medical Evaluation 
Board/Physical Evaluation Board (MEB/PEB) election.  
Collectively acknowledging that the DVA granted the applicant 
service connection for his left knee ailment and the 
overwhelming service medical evidence of an initial injury in 
1990, with recurrent exacerbations of knee pain and longstanding 
profile restrictions over the remaining course of his military 
service, the Medical Consultant opines this condition should 
have, otherwise, rendered the applicant eligible for processing 
through the Military Disability Evaluation System (MDES).  
Nevertheless, the AFRC/SGP officials also appear to have acted 
within established regulatory parameters by administratively 
releasing the applicant from military service.  

Addressing the applicant's desire for a medical retirement, even 
if processed through the military DES, the Consultant is of the 
opinion that the applicant's disability rating for his left knee 
would not have reached [and did not reach] the minimum 
30 percent threshold that would render him retirement eligible.  
Although the applicant successfully challenged the initial VA 
rating decision of zero percent for his left knee, which was 
increased to 10 percent, the medical evidence (and the absence 
of true knee joint instability ratable under an alternative 
rating code) did not support a rating beyond 10 percent.  
Additionally, although the applicant has ultimately been 
successful in gaining service connection and disability ratings 
for other medical conditions, some which were initially denied 
service connection, the service evidence does not show any of 
these to have interfered with his ability to perform military 
service to the extent or duration that they, too, should have 
been included as a basis for release from military service.  


The complete BCMR Medical Consultant evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

The applicant reiterates his original contentions that he should 
have been medically retired from military service from an injury 
to his left knee which subsequently resulted in his disability 
separation, with severance pay.  In addition, he notes what 
appear to be several discrepancies in the BCMR Medical 
Consultant’s evaluation.  He indicates that he was not properly 
briefed; or out-processed from his unit of assignment; and he 
did not receive proper documentation of his medical separation 
in accordance with the applicable laws and policies.  He was not 
notified of his separation and retirement options and believes 
the rating decision could not be right, since he was eventually 
rated by the DVA at 70 percent for service-connected injuries.

The applicant’s complete response, with attachments, is at 
Exhibit E.

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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, the applicant’s case has undergone an 
exhaustive review by the BCMR Medical Consultant and we did not 
find the evidence provided sufficient to overcome his assessment 
of the case.  Therefore, we agree with the Medical Consultant’s 
recommendation and adopt the rationale expressed as the basis 
for our decision that the applicant has failed to sustain his 
burden that he has suffered either an error or an injustice.  
The applicant asserts there were several discrepancies in the 
processing of his separation; however, we agree with the BCMR 
Medical Consultant that based on the governing directives in 
effect at the time of the applicant’s separation, it appears 
that Air Force officials acted within established regulatory 
parameters in administratively releasing the applicant from 
military service.  In view of the above and 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 issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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 AFBCMR Docket 
Number BC-2011-01380 in Executive Session on 13 December 2011, 
under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Apr 11, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, 
                Dated 17 Oct 11.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Oct 11.
    Exhibit E.  Letter, Applicant, dated 25 Nov 11, w/atchs.




                                   Panel Chair