RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03520
		INDEX CODE:  100.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed to one that would allow reenlistment.

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APPLICANT CONTENDS THAT:

He was discharged from the Air Force for a pre-existing condition that affected his tibia and knees.  He contends that he was misdiagnosed and given bad advice from his military doctor that led to his discharge.  He has been trying to get back into the Air Force since his discharge and contends that he is 110% physically and mentally fit and is willing to do whatever the Air Force demands of him.

In support of his appeal, the applicant had provided several letters of support from civilian physicians and results of several examinations.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 30 January 2001.  He completed basic military training (BMT) and technical training school and attained the grade of Airman First Class (A1C/E-3).  On 30 October 2001, the applicant went to a medical appointment and reported experiencing worsening pain in his knees.  On 18 January 2002, after several appointments and a diagnosis, the applicant discussed surgery with an orthopedic surgeon.  Applicant declined surgery and consequently underwent a medical evaluation board (MEB) to determine his fitness for continued military service.  On 28 February 2002, the applicant’s commander wrote to the Physical Evaluation Board and stated that the applicant’s medical condition would not allow him to fulfill his military duties.  The applicant also submitted a letter to the PEB stating his agreement with his doctor’s findings.  On   13 March 2002, the PEB recommended that the applicant be separated from the Air Force under the provisions of Title 10 United States Code, Chapter 61, due to a pre-existing physical disability.  The applicant noted agreement with the PEB’s findings and waived his right to a formal PEB hearing.  Applicant was separated on 3 May 2002 after serving for 1 year, 3 months, and 3 days.  He was honorably discharged under the auspices of Air Force Instruction (AFI) 36-3212, Disability Existed Prior to Service – PEB.  He was serving in the grade of A1C upon discharge.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant reviewed this case and recommended that no change be made to the applicant’s record.  He noted that in October 2001, after reporting to his first duty station, applicant began making regular medical appointments complaining about bi-lateral knee pain.  It was revealed that the pain, while present since the 7th grade, began to worsen in BMT, more so in technical training, and finally worsened to the point that applicant was evaluated by an orthopedic surgeon at his duty station.  Applicant was diagnosed with multi-plane deformity of the bilateral tibia including varus deformity (bowing) with external rotation of bilateral tibiae (torsion or twisting).  Surgery was discussed with the applicant on 18 January 2002 but due to the significant risk associated with the surgery due to the complexity of the congenital growth deformity and the uncertainty of the surgery decreasing the knee pain, the applicant opted to forgo surgery and undergo a MEB.  He did so and was subsequently discharged due to a pre-existing physical disability.

Any difference of opinion between the Air Force’s orthopedic surgeon and civilian orthopedic surgeons is still whether or not the applicant’s condition is disqualifying for military service.  While the applicant appears to be doing well working in a less physically demanding occupation and has demonstrated the ability to participate in regular jogging for a few months, the underlying cause of his knee pain has not been corrected and there is no evidence that he would not experience recurring symptoms when exposed to the rigors of military service.  The BCMR Medical Consultant refers to AFI 48-123, Attachment 3, to a list of disqualifying factors for military service: “deformities of one or both lower extremities that have interfered with function to such a degree as to prevent the individual from following a physically active vocation in civilian life or that would interfere with satisfactory completion of prescribed training and performance of military duty.”  The BCMR Medical Consultant contends that the applicant has already demonstrated the inability to satisfactorily complete performance of military duty.  The Air Force cannot guarantee a sedentary occupation, and even members in sedentary occupations are often required to deploy and perform vigorous activities in operational settings.  The applicant had demonstrated his condition has rendered him unfit for routine military duty.

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

AFPC/DPPAE has reviewed this application and recommended denial.  DPPAE contends that under the circumstances of the applicant’s discharge, that the RE code was correct.

DPPAE’s complete evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 3 June 2003 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After a thorough review of the evidence of record and applicant's submission, we are not persuaded that his uncorroborated assertions of misdiagnosis and bad advice on the part of the military medical personnel, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  He provided no evidence that his underlying condition has been corrected.  Consequently we cannot assume that his knee problems would not recur when subjected to the rigors of military service.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or injustice.  Consequently, in the absence of persuasive 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 AFBCMR Docket Number BC-2002-03520 in Executive Session on 1 July 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Nov 02, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 30 Mar 03.
    Exhibit D.  Letter, AFPC/DPPAE, dated 28 May 03.
    Exhibit E.  Letter, SAF/MRBR, dated 3 Jun 03