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AF | BCMR | CY2012 | BC-2012-05045
Original file (BC-2012-05045.txt) Auto-classification: Denied
RECORD OF PRPOCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-05045
		COUNSEL: NONE
		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Entry-Level Separation (ELS) be changed to medically 
service-connected. 

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was granted service-connection by the Department of Veteran’s 
Affairs (DVA) and was informed that his ELS would be adjusted.  
However, it was not until he applied for a VA loan that he 
discovered it was not changed.   

In support of his request, the applicant provides copies of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty and a DVA Rating Decision memorandum. 

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

_________________________________________________________________

STATEMENT OF FACTS:

On 22 Jun 95, the applicant enlisted in the Regular Air Force.

On 17 Aug 95, a Medical Evaluation Board (MEB) convened to 
consider the applicant for an Existed Prior to Service (EPTS) 
defect.  The board recommended the applicant be granted an ELS 
for a pre-existing history of right meniscus tear, status post 
arthroscopic surgery and symptomatic right knee plica syndrome, 
interfering with his training.

On 21 Aug 95, the applicant was informed of the findings and 
recommendations of the board and did not provide a letter of 
exception or rebuttal.

On 8 Sep 95, the applicant was discharged with an 
uncharacterized character of service and narrative reason for 
separation of Failed Medical/Physical Procurement Standards.  He 
served 2 months and 17 days of total active service. 

_________________________________________________________________

AIR FORCE EVALUATION:

AETC/SGPS recommends denial.  SGPS states that the evidence of 
record reveals the applicant did disclose his history of knee 
surgery to the Military Entrance Processing Station (MEPS) Chief 
Medical Officer; however, it appears that only one of three 
surgeries was noted on his medical exam.  While in training 
{sic} his right knee became symptomatic and he could not 
continue due to the pain.  

After his separation, the applicant was evaluated by the DVA and 
given a 30 percent disability rating based on his military 
service, which does not make the condition a result of his 
military training.  Also, the DVA report classified the 
applicant’s condition as EPTS. 

SGPS states that the applicant’s separation was done in 
accordance with established policies and administrative 
procedures.  

Further, SGPS noted that it has been 17 years since the 
applicant left the service and there is no indication his 
condition was ever corrected, and possibly could have worsened 
over time.

The complete SGPS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 6 Nov 12 and 14 Jan 13, for review and comment 
within 30 days (Exhibits D).  As of this date, this office has 
not received a 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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or an injustice.  After a 
thorough review of the evidence of record and the applicant’s 
complete submission, we are not convinced he has been the victim 
of an error or injustice.  Therefore, 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.  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.

________________________________________________________________

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 AFBCMR Docket 
Number BC-2012-05045 in Executive Session on 6 Aug 13, under the 
provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

       Exhibit A.  DD Form 149, dated 24 Oct 12, w/atchs.
       Exhibit B.  Applicant's Military Personnel Records.
       Exhibit C.  Letter, AETC/SGPS, dated 11 Dec 12.
       Exhibit D.  Letter, SAF/MRBR, dated 14 Jan 13, w/atch. 




							
							Panel Chair







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