RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04526 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Service connection be awarded for: 

 

 1. Tendonitis in his knees. 

 

 2. Cancer from his exposure to depleted uranium in Kuwait and 
burn pits in Iraq. 

 

 3. Post Traumatic Stress Disorder (PTSD) resulting from 
contact with the enemy in Iraq. 

 

_______________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The equipment that he had to wear (Body Armor, etc.) caused the 
tendonitis in his knees. 

 

The exposure to enemy hazards while driving in Iraq and Kuwait 
caused his PTSD. 

 

Exposure to burn pits and depleted uranium caused his cancers. 

 

In support of his request, the applicant provides copies of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty; DD Form 215, Correction to DD Form 214; AF IMT 910, Enlisted Performance Report (AB thru TSgt); Temporary Disability 
Retired List (TDRL) Fact Sheet, Department of Veterans Affairs 
(DVA) Fact Sheets, his DVA Rating Decision and his DVA Medical 
Records. 

 

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

 

_______________________________________________________________ 

 

STATEMENT OF FACTS: 

 

According to his AF Form 910, the applicant deployed to Camp 
Anaconda, Iraq in support of Operation IRAQI FREEDOM, from 
20 Feb 2004 to 6 Sep 2004. 

 

In accordance with Reserve Order EK-7398, dated 2 Sep 2008, the 
applicant was placed on the USAF Reserve Retired List effective 
5 Nov 2008. 

 


The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force at Exhibit B. 

 

_______________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

The BCMR Medical Consultant recommends denial. The Medical 
Consultant opines the applicant has not met the burden of proof 
for error or injustice on the part of the Military Department to 
justify the desired change of the record. It is also not within 
the authority of the Board to change/alter the decision of 
another outside Federal agency. The Department of the Air Force 
is not the agency for establishing service connection, but would 
be the entity for conducting a line of duty determination when 
there is evidence of a disease, illness, or injury sustained 
during a period of active service that interfered with a 
member's ability to perform military service. No evidence is 
provided to reflect that the applicant sought evaluation or 
treatment for signs or symptoms of disease that could be later 
attributed to Prostate Cancer or a bilateral knee impairment. 
Even so, there would need to be proof of causation by military 
service to be considered service incurred; specifically an in 
line of duty determination. Other than the Fact Sheets supplied 
by the applicant, there is no evidence provided reflecting the 
aforementioned disease entities began during or were caused by 
military service. Moreover, no evidence is provided to reflect 
either of these interfered with military service to the extent 
that would warrant a Medical Hold until either returned to duty 
without limitations or processed through the military Disability 
Evaluation System. The Board is advised that there are 
provisions of the law [10 U.S.C., 1207a, coined the "8-year 
rule"], where in the case of a member with at least 8 years of 
active service who would otherwise be eligible for disability 
separation or retirement, but not for the fact that the 
condition existed prior to service, the condition will be 
considered service incurred; or words to that effect. The 
supplied evidence, however, does not show the applicant was 
disqualified or found unfit for military service due to any of 
his medical conditions; thus the 8-year rule would not apply, 
even if 8-years of service had been completed. No such line of 
duty documentation or documentation of care rendered for the 
same has been provided. The DVA may utilize such evidence or 
may conduct an independent review of a member's service 
treatment record to determine service connection. The member's 
service status at the time of illness or injury [serving 31 days 
or more versus 30 days or less] is also important in making such 
attestations. Although the applicant has presented plausible 
evidence of his exposure to combat stressors, the evidence is 
insufficient to determine that he should have been issued a 
military disability separation or retirement. Additionally, 
although the applicant petitions the Board to grant service 
connection for bilateral knee tendonitis, noting his contention 
for causation by wear of heavy body armor, the DVA appears to 
have granted service connection only for tendonitis of the left 


knee. Thus, the fact the applicant wore heavy body armor, 
unless it can be proven this was the cause of his left knee 
tendonitis [and not an unrelated trauma], one cannot assume 
heavy body armor was the cause of his right knee impairment 
without adequate medical evidence/documentation during service. 

 

Finally, the Medical Consultant acknowledged the Fact Sheets 
provided by the applicant and the reported evidence of 
environmental samplings taken at locations possibly attended by 
him. Again, the Military Department does not issue decrees of 
service connection; particularly for medical conditions 
manifesting post-service. Thus, if after leaving military 
service the applicant developed right knee tendonitis (which is 
now bilateral tendonitis), it would be the purview of the DVA to 
establish a cause and effect relationship with military service. 
The DVA has the authority to consider disorders that manifest 
within the first 12 months of release from service, as possibly 
service connected, based upon medical evidence and sound medical 
principles. 

 

The complete BCMR Medical Consultant’s evaluation is at Exhibit 
B. 

 

_______________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 14 Aug 2012 for review and comment within 15 days. 
As of this date, this office has received no response (Exhibit 
D). 

 

_______________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by 
existing law or regulations. 

 

2. The application was timely filed. 

 

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 BCMR Medical Consultant and adopt his 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. 

 

_______________________________________________________________ 

 

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 this application 
in Executive Session on 13 Sep 2012, under the provisions of AFI 
36-2603: 

 

 , Panel Chair 

, Member 

 , Member 

 

The following documentary evidence was considered in AFBCMR BC-
2011-04526: 

 

 Exhibit A. DD Form 149, dated 28 Oct 2011, w/atchs. 

 Exhibit B. Letter, BCMR Medical Consultant, dated 24 Aug 

 2012 

 Exhibit C. Email, SAF/MRBC, dated 24 Aug 2012. 

 

 

 

 

 

 Panel Chair