RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01841 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her narrative reason for separation be corrected to reflect “Disability, Service Related,” instead of “Disability, Existed Prior to Service PEB.” APPLICANT CONTENDS THAT: She has medical records to include her medical board report that states that the disability started and was aggravated while in the service. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 10 Oct 01. On 5 May 04, the applicant’s records were reviewed by the Informal Physical Evaluation Board (IPEB) for bilateral lateral tracking tilt syndrome, knees. The IPEB found the member unfit and recommended discharge. On 1 Jun 04, the applicant concurred with the findings of the IPEB. On 3 Aug 04, the applicant was discharged honorably, with a narrative reason for separation of “Disability, Existed Prior to Service PEB” and was credited with 2 years, 9 months, and 24 days of active service. The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPFD recommends denial indicating there is no evidence of an error or an injustice. The applicant was found unfit by the IPEB on 5 May 04 and recommended for discharge. The Board noted the applicant’s medical condition, which existed prior to service (EPTS), had not been permanently aggravated through military service, and was incompatible with the rigors of military service. The IPEB notes a mal-tracking syndrome which was pre-existing. The pain occurred within 100 days of enlistment. The Board concluded that the 180 day rule (DODI) 1332.38, E3.P4.5.4.1) applied and found the member unfit and recommended discharge under provisions other than Chapter 61, Title 10 U.S.C. The applicant had an opportunity to appeal to the Formal Physical Evaluation Board (FPEB) and the Secretary of the Air Force Personnel Council (SAFPC) and did not utilize those appeal processes. A complete copy of the AFPC/DPFD evaluation is at Exhibit C. AFBCMR Medical Consultant recommends granting the applicant relief by amending the record to reflect that the applicant’s predisposition for bilateral lateral tracking tilt syndrome, which existed prior to service, was permanently aggravated through military service. The applicant’s record would need to reflect the she was found unfit for her bilateral patellofemoral syndrome, secondary to bilateral patellar maltracking, Existed Prior to Service with Permanent Service Aggravation, under VASRD code 5099-5003. The applicant’s Military Entrance Processing Station history and examination shows no history of knee trouble or surgical procedures. A medical entry in the applicant’s service treatment record, dated 13 Jan 04, indicates that her knee pain first started in Technical School with marching and running, and that, by January 2004, it had been present for two years. She had received numerous conservative treatment measures, e.g., shoe inserts, a Neoprene knee sleeve, non- steroidal anti-inflammatories, and physical therapy. The record indicates the applicant had been on profile restriction approximating one year and, thus, warranted consideration for a Medical Evaluation Board (MEB) processing. On 9 Apr 04, the applicant underwent an MEB. On the applicant’s AF Form 618, Medical Board Report coversheet, there is an “X” marked in the space to indicate officials believed that the condition was “incurred while Entitled to Basic Pay,” with an “X” also placed in the response box indicating “No” as to whether the condition existed prior to service. The MEB narrative summary indicates the applicant developed knee pain in Technical School in Jan 02 while marching in formation five days a week and running for fitness training. Eventually, the pain worsened as the applicant performed her duties as a heavy equipment maintainer. The applicant’s treatment for her bilateral patellar malalignment was not helping and she was put on light duty. On 2 Jun 04, the applicant had an exam with the Department of Veteran Affairs (DVA) due to her pending discharge. The summary from the DVA indicated the applicant began having sharp pain on the side of the knee while walking [with] extreme discomfort with kneeling and walking. She indicated that standing, walking, or running for long periods of time created the pain. She was not able to stand, walk, or run for long periods of time without pain. The diagnosis was patellofemoral syndrome of both right and left knee. The DVA found the applicant’s right and left patellofemoral syndrome service-connected (previously rated as patellofemoral syndrome, bilateral knees) and issued a disability rating of zero percent for the right knee and ten percent for the left knee, effective 4 Aug 04. On 5 May 04 the IPEB found the applicant unfit for “bilateral lateral tracking tilt syndrome, knees” and determined that it existed prior to service without service aggravation. The condition was rated at ten percent, but was determined compensation was not-applicable. The IPEB did not assign a separate rating for each knee. The AFBCMR Medical Consultant’s opinion is that the applicant’s knee pain did not exist prior to service but began while the applicant was in Technical Training. There is no evidence that the applicant experienced any issues with her knee during Basic Training. Because the pain persisted for more than two years, even with conservative treatment measures and profile restrictions, it is likely there was possible service aggravation of the applicant’s underlying anatomic predisposition for acquiring the condition. The patellofemoral syndrome did not exist prior to service and would likely not have occurred and persisted if not for her required training activities. Should the Board decide to recommend granting the applicant relief, the record would need to reflect the applicant was found unfit for her bilateral patellofemoral syndrome, secondary to bilateral patellar maltracking, Existed Prior to Service, with Permanent Service Aggravation, under The Veterans Affairs Schedule for Rating Disabilities (VASRD) 5099-5003. The Medical Consultant recommends rating the applicant as the DVA with a ten percent rating for the applicant’s left knee and a zero percent rating for her less symptomatic right knee, for a total rating of ten percent with entitlement to severance pay. A complete copy of the AFBCMR Medical Consultant evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates that she had no knee pain before her military service. It relates to the marching in Technical Training and to her job of lifting and pushing heavy equipment as part of work as Aerospace Ground Equipment (AGE) specialist. The DVA already determined the disability as service connected; all that she is asking is that her DD Form 214, reflect her PEB was service connected. A complete copy of the applicant’s rebuttal is at Exhibit F. 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting changing the applicant’s discharge for a disability condition that existed prior to service (EPTS) to a service connected disability. After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error or injustice. In this respect, we note the recommendation of the AFBCMR Medical Consultant and agree with his recommendation to correct the record to reflect the applicant was discharged for physical disability with a ten percent disability rating and entitlement to disability severance pay. Therefore, we are in agreement with the AFBCMR Medical Consultant’s assessment and recommend her records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that: a. On 2 Aug 04, she was found unfit to perform the duties of her office, rank, grade, or rating by reason of physical disability, incurred while she was entitled to receive basic pay; that the diagnosis in this case was VASRD code 5099-5003, rated at 10 percent for the left knee and zero percent for the right knee, achieving a combined disability rating of 10 percent; with entitlement to severance pay; that the degree of impairment was permanent, that the disability was not due to intentional misconduct or willful neglect; that the disability was not incurred during a period of unauthorized absence; and that the disability was not received as a direct result of armed conflict or caused by an instrumentality of war. b. On 3 Aug 04, she was discharged by reason of disability, under the provisions of AFI 36-3212, (Disability, Existed Prior to Service, with Service Aggravation, PEB) with a Separation Program Designator (SPD) Code of JFL. The following members of the Board considered AFBCMR Docket Number BC-2014-01841 in Executive Session on 16 Apr 15, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-01841 was considered: Exhibit A. DD Form 149, dated 25 Apr 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPFD, dated 13 May 14. Exhibit D. Memorandum, AFBCMR Medical Consultant, dated 19 Dec 14. Exhibit E. Letter, SAF/MRBR, dated 27 Jan 15. Exhibit F. Letter, Applicant, dated, 26 Feb 15.