RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00010
		INDEX CODE:  108.00

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His records be corrected to show a service connection for his knee problems and chronic numbness in all his extremities.

By amendment, he requests he be provided 30 percent disability compensation for chondromalacia of each of his knees, and 40 percent disability compensation for the numbness in all his extremities, effective 1994.

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APPLICANT CONTENDS THAT:

He incurred problems with his knees while in the service.

He had weakness and dead feelings in his feet, legs, and arms following a motor vehicle accident in 1979.

In support of his appeal, the applicant provided supportive statements, extracts from his medical records, and documentation from the Veterans Administration.

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

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STATEMENT OF FACTS:

Applicant’s available military personnel records indicate he enlisted in the Regular Air Force on 10 Nov 70.  He was honorably discharged on 11 Nov 73 for the purpose of immediate reenlistment and reenlisted on 12 Nov 73.  He was honorably discharged on 7 Nov 77 under the provisions of AFM 39-10 (Discharge - Oversea Returnee Having Insufficient Retainability for Permanent Change of Station).  He was credited with 6 years, 11 months, and 28 days of total active service.

The relevant facts pertaining to the applicant’s medical conditions are discussed in the advisory opinion provided by the AFBCMR Medical Consultant at Exhibit C.

Documentation from the Department of Veterans Affairs (DVA), dated 16 Aug 04, provided by the applicant indicates he was granted service-connected disability compensation for chondromalacia of his right and left knees, with a disability rating of ten percent for each knee.

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AIR FORCE EVALUATION:

The Medical Consultant recommended denial indicating that after a review of the applicant’s service records, he found no error or injustice warranting a correction of his records.  Although the applicant had numerous medical complaints, none interfered with the continued satisfactory performance of his duties and did not warrant evaluation in the disability evaluation system.  

A complete copy of the Medical Consultant’s evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion and furnished a response and indicated he first encountered his ailments while in the service of his country and his medical conditions continued to worsen while he was in the military.

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

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ADDITIONAL AIR FORCE EVALUATION:

The Medical Consultant reviewed the applicant’s rebuttal response and additional documentary evidence and again recommended denial, indicating that, in his opinion, no change in the records is warranted.

A complete copy of the Medical Consultant’s evaluation is at Exhibit F.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Applicant reviewed the additional advisory opinion and provided a response and additional documentary evidence, which are attached at H.

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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 do not find it sufficient to override the rationale provided by the Medical Consultant.  Therefore, in the absence of evidence that at the time of his separation from active duty, the applicant was unfit to perform the duties of his rank and office, within the meaning of the law, we agree with the recommendation of the Medical Consultant and adopt his rationale as the basis for our decision that the applicant has failed to sustain his burden of establishing he has suffered either an error or an injustice.  Accordingly, we find no compelling 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 issues involved.  Therefore, the request for a hearing is not favorably considered.

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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-2004-00010 in Executive Session on 18 Nov 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Sep 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, Medical Consultant, dated 29 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Aug 04.
    Exhibit E.  Letter, applicant, dated 18 Aug 04, w/atchs.
    Exhibit F.  Letter, Medical Consultant, dated 23 Sep 04.
    Exhibit G.  Letter, AFBCMR, dated 27 Sep 04.
    Exhibit H.  Letter, applicant, dated 13 Oct 04, w/atchs.

                                   Panel Chair