RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2004-01011
						INDEX CODE:  110.12
	XXXXXXXXXXXXXXXXXX		COUNSEL: NONE

	XXXXXXXXX				HEARING DESIRED:  NOT INDICATED

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APPLICANT REQUESTS THAT: 

He receive a disability discharge.  

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APPLICANT CONTENDS THAT:

His preexisting condition was service aggravated.  He would like his records changed so he may qualify for Veterans Affairs benefits.

In support of his request, the applicant provides a copy of his DD Form 214.  The applicant’s submission is at Exhibit A.

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STATEMENT OF FACTS:

On 4 November 1970, the applicant enlisted in the Regular Air Force in the grade of airman basic for a period of four years.  

On 24 December 1970, the applicant’s medical records were reviewed by a Medical Evaluation Board (MEB) following his sick call visit for left knee pain from an “old injury.”  The MEB convened to consider his case and rendered the diagnoses of “Chondromalacia patella and old tear of the medial meniscus of left knee.”  The MEB determined the diagnosis was “EPTS” (Existing Prior to Service) not permanently aggravated by service.  The MEB found the applicant was unfit for continued military service and recommended he be discharged.   

On 4 January 1971, the applicant was discharged in the grade of airman basic by reason of physical disability - EPTS with an honorable discharge.  He was credited with 2 months and 1 day, of active duty service.

The remaining relevant medical facts pertaining to this application, extracted from the applicant’s medical records, are contained in the letter prepared by the BCMR Medical Consultant at Exhibit C.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends that no change in the records is warranted.  The BCMR Medical Consultant states that a review of his records finds no evidence of in service aggravation of the original left knee injury.  Disabilities that existed prior to service and were not permanently aggravated by service are not compensable under the rules of the military disability system.  The BCMR Medical Consultant evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 November 2004, a copy of the Air Force evaluation was sent to the applicant for review and comment.  As of this date, this office has not received a response.

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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.  After a thorough review of the evidence of record, we are not persuaded that the applicant’s discharge should be changed to a medical disability discharge.  Applicant’s contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the evidence of record or the rationale provided by the BCMR Medical Consultant.  We therefore agree with the recommendations of BCMR Medical Consultant and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Therefore, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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 in Executive Session on 17 February 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered for AFBCMR Docket Number 2004-01011:

	Exhibit A.  DD Form 149, dated 26 Mar 04, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, BCMR Medical Consultant, dated 15 Nov 04.
	Exhibit D.  Letter, SAF/MRBR, dated 18 Nov 04.