RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03918

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Her left knee injury incurred on 27 May 2012 be found in the Line of Duty (LOD), instead of Existed Prior to Service (EPTS).   

APPLICANT CONTENDS THAT:

She provided sufficient documentation to AFRC to grant her request; however, it was denied and the injury to her left knee while deployed was found EPTS-LOD.  She was found to be Worldwide Qualified (WWQ) prior to her deployment and sustained the dislocation of her knee while in theatre.  This injury caused her to have surgery on her knee.

On 27 May 2012 while participating in a squadron physical training event, she slipped on wet grass and twisted her left knee.  She felt a pop in her left knee that caused immediate pain.  She reported the injury to her supervisor and had to be escorted to her room.  The next morning, she reported to the medical group since her knee was extremely swollen and she was unable to bend or put pressure on it.  The physician diagnosed the injury as a possible meniscus tear that would require follow-up care upon re-deployment to her home station.

Upon re-deployment to her home station, an administrative LOD was initiated on 3 July 2012.  An EPTS knee condition that required surgery was not present prior to her deployment on 27 April 2012; instead the incident on 27 May 2012 caused her knee dislocation and ligament damage.  

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

STATEMENT OF FACTS:

The applicant is in the Air Force Reserve currently serving in the grade of Staff Sergeant (SSgt, E-5).

The applicant entered this period of active duty on 27 April 2012 and was discharged on 15 July 2012 with a narrative reason for separation of “Completion of Required Active Service.”   Her DD Form 214, Certificate of Release or Discharge from Active Duty, reflects she was deployed in support of Operation ENDURING FREEDOM in accordance with 10 U.S.C. § 12301(d).  

According to AFRC IMT 348, Informal Line of Duty Determination, dated 2 May 2013, the AFRC Vice Commander (AFRC/CV) on 23 May 2014 determined the applicant’s condition “EPTS-LOD Not Applicable.”  
 
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

AFRC/SGO recommends denial.  The applicant may file a claim with the Department of Veteran Affairs (DVA).  An informal LOD was accomplished as required in accordance with AFI 36-2910, Line of Duty (Misconduct) Determination, when the applicant claimed the active duty period of service caused the chronic condition.  Both the informal LOD and follow on reinvestigation request found no evidence the condition was either incurred or aggravated during the period of active duty service.

On 28 May 2012, while deployed to Turkey, she reported to the medical group with complaint of left knee pain since playing soccer the day prior.  There was no acute injury noted.  The evaluating provider noted the pain to be an exacerbation of a chronic condition that EPTS.  Additionally, history of possible meniscal tear and grade 2 arthritis were noted in her history.  She was prescribed Naproxen and Celebrex and was released without limitations and advised to follow-up as needed.  She was seen again on 29 May 2012 to follow up on her prescription and it was noted “she was doing well.”

The applicant has an extensive history of left knee injuries and chronic conditions that are well documented to be EPTS before the period of her active duty service.  She incurred two acute events in May and June 2012 during her deployment.  However, both of these events were merely exacerbations of the underlying chronic conditions that in both instances resulted in her being released without restrictions.  Due to the symptomatic episodes during her deployment, she sought follow up care upon return to her home station and after release from active duty status.  The continued follow up medical care resulted in surgical correction of her underlying EPTS left knee patellar instability.  The informal LOD and the reinvestigation found no evidence the condition was either incurred or aggravated during the period of active duty service.

Per the statement provided in support of the LOD and the reinvestigation, the applicant reported a June 2012 incident during squadron physical training when she slipped on wet grass and pulled her left knee joint out of place.  She states this was reported to the supervisor and flight surgeon; however, there is no indication or evidence the incident caused her knee joint to come out of place.  The knee injury was noted and she was referred to her Primary Care Manager (PCM) for follow-up.  

In May 2013, an informal LOD was initiated and it concluded with the same finding made by the AFRC LOD Board Approving Authority of “EPTS-LOD NA” on 23 May 2014.  This finding indicates the condition pre-dated entry into the period of service during which the condition became symptomatic and the nature of military service did not permanently worsen the condition above and beyond natural progression.  The medical evidence supports this finding as well.  The documented extensive history of her left knee problems, to include small meniscal tears, a patellar dislocation at the age of 13 and diagnosis of grade 2 patellar chondromalacia, are prior to the period of service.  On 7 October 2013, the applicant was seen by an orthopedic specialist and referred for surgery on 24 October 2013.  These records also indicate the chronic nature of the applicant’s left knee instability.  The applicant requested a reinvestigation of the LOD on 10 July 2014 which was denied on 24 December 2014 due to lack of any significant new evidence provided.     

A complete copy of the AFRC/SGO evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 25 August 2016 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

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 an 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 Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not sustained her burden of proof that she has 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 requested relief.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2015-03918 in Executive Session on 1 November 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 1 September 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFRC/SGO, dated 22 August 2016.
	Exhibit D.  Letter, AFBCMR, dated 25 August 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.