RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00353 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: Her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect her medical conditions were service connected. ___________________________________________________________________ APPLICANT CONTENDS THAT: The Department of Veterans Affairs (DVA) established that her medical disabilities were service connected and rated her at a 40 percent disability rating. She disputes the fact that she had a pre-existing medical condition when she was separated from the Air Force. She has never been diagnosed with a condition involving her knees and/or never received medical care prior to entering the Air Force. She did admit to having a one-time occurrence of experiencing a shin splint that occurred approximately 6 years prior to joining the military and did not require medical attention. If she had a pre-existing condition, she was not aware of it and never experienced any effects from what the Air Force diagnosed as “Patellofemoral Syndrome.” Since the DVA found her disability service connected, she believes the Air Force should have done the same. She also has a concern that her feet injuries were not included in any of her separation paperwork or separation codes. She did not discover this discrepancy until after she separated. She was on a profile waiver that allowed her to wear athletic shoes due to calluses that were forming on her feet. The problems with her feet were documented in her medical records and did not exist prior to entering the Air Force. She has since had two surgeries and still experiences problems that may require future surgeries. Prior to entering the Air Force she underwent a physical through the Military Entrance Processing Station (MEPS) medical personnel and her feet were listed as “normal and asymptomatic.” In support of her request, the applicant provides a copy of her DVA rating, a copy of her DD Form 214, Certificate of Release or Discharge from Active Duty, copies of personal letters, and excerpts from her medical records. Her complete submission, with attachments, is at Exhibit A. ___________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Air Force Reserve on 6 Oct 08. The applicant was notified by her commander that he was recommending her for discharge from the Air Force under the provisions of AFI 36-3208, Administrative Separation of Airmen, paragraph 5.14, under basis for discharge for erroneous enlistment, with an entry-level separation. The specific reason for this action was for not meeting medical standards to enlist. The applicant should not have been allowed to join the Air Force because she has “Patellofemoral Syndrome.” The commander did not request a disability separation because the medical staff found her unqualified. The applicant acknowledged receipt of the discharge notification and her right to consult with legal counsel, and the right to submit statements on her own behalf. After a legal review of the case, the assistant staff judge advocate found it legally sufficient. The applicant received an entry-level separation on 20 Nov 08 after serving 1 month and 15 days on active duty. ___________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS does not provide a recommendation. DPSOS states that they must defer the question as to whether the applicant’s medical conditions were pre-existing prior service and whether the conditions were further aggravated by training (active duty) to the appropriate medical authorities. The DPSOS complete evaluation is at Exhibit C. The BCMR Medical Consultant recommends denial. The Medical Consultant states that according to the clinical notes in the applicant’s records, on 10 Nov 08, the applicant indicated that she had knee problems prior to enlistment but had not sought medical care and failed to report this information to MEPS prior to her enlistment. Although the applicant did not seek medical care for her knee problems prior to enlistment, this does not negate the fact that a history of knee problems were pre-existing and was not indicated on the MEPS DD Form 2807, Report of Medical History. It is noted the applicant was placed on limited physical activity profile due to knee problems less than three weeks after enlistment. The applicant also mentions she received a 20 percent service connection disability rating from the DVA for both knees. The Medical Consultant addresses how the Department of Defense (DoD), operating under Title 10, United States Code (U.S.C.), only provides disability compensation for the medical condition(s) which is (are) the cause for career termination, and then only for the degree of impairment present at the time of final military disposition. It must be noted the Air Force disability boards must rate disabilities based on the member’s condition at the time of evaluation; in essence a snapshot of their condition at the time. It is then the charge of the DVA to pick up where the Air Force leaves off. The DVA is authorized to offer compensation for any illness or injury determined service-incurred or aggravated, without regard to its demonstrated impact upon a service member’s retainability, fitness to serve, or underlying reason for separation. The Medical Consultant considered whether or not a Medical Evaluation Board (MEB) was appropriate; however, collectively given the timing of the applicant’s symptoms (less than three weeks after entry and without any intervening new traumatic occurrence, e.g., fall, twisting, sprain, or external blunt force injury), and the admission of knee problems prior to enlistment, an MEB would not be appropriate since this syndrome was likely not service incurred. Nevertheless, had the applicant met an MEB and her case referred to a Physical Evaluation Board (PEB), her condition would have, more likely than not, been determined to have existed prior to service, resulting in her discharge under other than Chapter 61, 10 USC. Therefore, the Medical Consultant is of the opinion that a change in her separation designation to a service connected disability is not medically justified. The BCMR Medical Consultant’s complete evaluation is at Exhibit D. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 24 Sep 10 for review and comment within 30 days. As of this date, this office has received no response. ___________________________________________________________________ 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 the reason for her discharge should be changed. The applicant’s contentions are duly noted; however, we do not find her arguments sufficiently persuasive to override the rationale provided by the BCMR Medical Consultant. Therefore, we agree with the opinion and recommendation of the BCMR Medical Consultant and adopt his rationale as the basis for our conclusion that 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 AFBCMR Docket Number BC-2010-00353 in Executive Session on 2 Nov 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Jan 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 20 Jul 10. Exhibit D. Letter, BCMR Medical Consultant, dated 21 Sep 10. Exhibit E. Letter, SAF/MRBR, dated 24 Sep 10.