RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04526 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Service connection be awarded for: 1. Tendonitis in his knees. 2. Cancer from his exposure to depleted uranium in Kuwait and burn pits in Iraq. 3. Post Traumatic Stress Disorder (PTSD) resulting from contact with the enemy in Iraq. _______________________________________________________________ APPLICANT CONTENDS THAT: The equipment that he had to wear (Body Armor, etc.) caused the tendonitis in his knees. The exposure to enemy hazards while driving in Iraq and Kuwait caused his PTSD. Exposure to burn pits and depleted uranium caused his cancers. In support of his request, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty; DD Form 215, Correction to DD Form 214; AF IMT 910, Enlisted Performance Report (AB thru TSgt); Temporary Disability Retired List (TDRL) Fact Sheet, Department of Veterans Affairs (DVA) Fact Sheets, his DVA Rating Decision and his DVA Medical Records. The applicant's complete submission, with attachments, is at Exhibit A. _______________________________________________________________ STATEMENT OF FACTS: According to his AF Form 910, the applicant deployed to Camp Anaconda, Iraq in support of Operation IRAQI FREEDOM, from 20 Feb 2004 to 6 Sep 2004. In accordance with Reserve Order EK-7398, dated 2 Sep 2008, the applicant was placed on the USAF Reserve Retired List effective 5 Nov 2008. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. _______________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial. The Medical Consultant opines the applicant has not met the burden of proof for error or injustice on the part of the Military Department to justify the desired change of the record. It is also not within the authority of the Board to change/alter the decision of another outside Federal agency. The Department of the Air Force is not the agency for establishing service connection, but would be the entity for conducting a line of duty determination when there is evidence of a disease, illness, or injury sustained during a period of active service that interfered with a member's ability to perform military service. No evidence is provided to reflect that the applicant sought evaluation or treatment for signs or symptoms of disease that could be later attributed to Prostate Cancer or a bilateral knee impairment. Even so, there would need to be proof of causation by military service to be considered service incurred; specifically an in line of duty determination. Other than the Fact Sheets supplied by the applicant, there is no evidence provided reflecting the aforementioned disease entities began during or were caused by military service. Moreover, no evidence is provided to reflect either of these interfered with military service to the extent that would warrant a Medical Hold until either returned to duty without limitations or processed through the military Disability Evaluation System. The Board is advised that there are provisions of the law [10 U.S.C., 1207a, coined the "8-year rule"], where in the case of a member with at least 8 years of active service who would otherwise be eligible for disability separation or retirement, but not for the fact that the condition existed prior to service, the condition will be considered service incurred; or words to that effect. The supplied evidence, however, does not show the applicant was disqualified or found unfit for military service due to any of his medical conditions; thus the 8-year rule would not apply, even if 8-years of service had been completed. No such line of duty documentation or documentation of care rendered for the same has been provided. The DVA may utilize such evidence or may conduct an independent review of a member's service treatment record to determine service connection. The member's service status at the time of illness or injury [serving 31 days or more versus 30 days or less] is also important in making such attestations. Although the applicant has presented plausible evidence of his exposure to combat stressors, the evidence is insufficient to determine that he should have been issued a military disability separation or retirement. Additionally, although the applicant petitions the Board to grant service connection for bilateral knee tendonitis, noting his contention for causation by wear of heavy body armor, the DVA appears to have granted service connection only for tendonitis of the left knee. Thus, the fact the applicant wore heavy body armor, unless it can be proven this was the cause of his left knee tendonitis [and not an unrelated trauma], one cannot assume heavy body armor was the cause of his right knee impairment without adequate medical evidence/documentation during service. Finally, the Medical Consultant acknowledged the Fact Sheets provided by the applicant and the reported evidence of environmental samplings taken at locations possibly attended by him. Again, the Military Department does not issue decrees of service connection; particularly for medical conditions manifesting post-service. Thus, if after leaving military service the applicant developed right knee tendonitis (which is now bilateral tendonitis), it would be the purview of the DVA to establish a cause and effect relationship with military service. The DVA has the authority to consider disorders that manifest within the first 12 months of release from service, as possibly service connected, based upon medical evidence and sound medical principles. The complete BCMR Medical Consultant’s evaluation is at Exhibit B. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 14 Aug 2012 for review and comment within 15 days. As of this date, this office has received no response (Exhibit D). _______________________________________________________________ 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. 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 BCMR Medical Consultant and adopt his rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, 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 this application in Executive Session on 13 Sep 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered in AFBCMR BC- 2011-04526: Exhibit A. DD Form 149, dated 28 Oct 2011, w/atchs. Exhibit B. Letter, BCMR Medical Consultant, dated 24 Aug 2012 Exhibit C. Email, SAF/MRBC, dated 24 Aug 2012.