RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00861
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  

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APPLICANT REQUESTS THAT:

His discharge reflects he was medically discharged.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force. 

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AIR FORCE EVALUATION:

AFBCMR Medical Consultant states that the applicant’s service medical record, which appears to be complete since it includes a report of his induction physical, contains no references to any hospitalization in Florida.  He was discharged due to an unfitting condition of his right knee that existed prior to service.  The VA has denied service connection for his left knee condition.  There is no evidence in the service medical record to support the applicant’s request.  Therefore, the BCMR Medical Consultant is of the opinion that no change in the records is warranted.

A complete copy of the evaluation is attached at Exhibit C.

AFPC/DPPD states that applicant was subsequently found unfit by a board of medical officers due to his inability to perform his military duties for a painful right knee that prevented him from walking without great discomfort.

A recent rating from the Department of Veterans Affairs (DVA) dated 15 April 2002, reflects he was seen for a knee pain in which he claims injury to his left knee in basic training during a typhoon.  Applicant also claims to have been hospitalized for 10 days following this incident at the D--- C--- Hospital in C---, Florida.  No medical evidence of a left knee injury during this timeframe could be located.  It was subsequently acknowledged that the applicant did receive a Certificate of Disability Discharge for his injured right knee; however, this condition was determined to have existed prior to his entrance on active duty.  Pre-existing medical conditions incurred prior to a member’s entrance on active duty are not ratable or compensable under the military disability evaluation system, unless it can be determined that the condition was service aggravated.  The DVA subsequently found both knee injuries as not service-connected and the applicant was determined not eligible for treatment or compensation.  Service connection may be granted for a disability that began in military service or was caused by some event or experience in service.

If the applicant still feels he has been wronged, they highly recommend that he ask assistance from one of his local veteran service organizations, i.e., American Legion, Veterans of Foreign War (VFW), etc., in submitting his claim/rebuttal.  The medical aspects of this case are fully explained by the Medical Consultant; they agree with his advisory.  Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluations and states that he is not looking for compensation.  He states that he did spend 10 days in the D--- C--- Hospital in C---, Florida.  As it is now, he does not need an operation now as the symptoms arise on certain occasions and he feels, as the doctor feels, that he can live with it unless it gets worse.  He states that if the knee was injured before his entering the service, it could in fact have been aggravated in the service.  At any rate, it caused a problem and he was not fit for active duty.  He again states that it is not compensation he is looking for, it status.  The status meaning that there are things such as paperwork and medication benefits that he could benefit from---not money.  His discharge does in fact state CDD Medical Discharge and just because he never applied for compensation there’s no reason by his status cannot be corrected.  He still does not understand why his stay in the D--- C--- Hospital does not appear.  He hopes this letter will help clarify and help bring about a favorable decision on this matter.

A copy of applicant’s letter is attached at Exhibit F.

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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, we agree with the opinion and recommendation of the Air Staff and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered this application on 23 July 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 6 Mar 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.

   Exhibit C.  Letter, BCMR Medical Consultant, dated 17 May 02.
   Exhibit D.  Letter, AFPC/DPPD, dated 4 Jun 02.
   Exhibit E.  Letter, AFBCMR, dated 14 Jun 02.
   Exhibit F.  Applicant’s Letter, dated 27 Jun 02.