RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01931
		INDEX CODE:  128.08

		COUNSEL:  NONE

		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

He be paid severance pay due him following his disability discharge in 1969.
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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

In support of his request, the applicant submits a copy of his DD Form 214.  The applicant’s complete submission, with attachment, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant was honorably discharged on 4 Jun 69, under the provisions of AFM 35-4 (Physical Disability).  He had completed a total of 3 months and 25 days of active service and was serving in the grade of airman basic (E-1) at the time of discharge.  Applicant’s DD Form 214 reveals that he was “not entitled to receive disability severance pay.”

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.
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AIR FORCE EVALUATION:

HQ AFPC/DPPD recommends the application be denied.  DPPD stated that the applicant was involuntarily released from active duty and discharged on 4 Jun 69, due to a physical disability considered to have existed prior to his entrance on active duty, under the provisions of AFM 35-4.  A Medical Evaluation Board (MEB) was initiated on 5 May 69 and the results referred to the Informal Physical Evaluation Board (IPEB) for adjudication of the case.  The IPEB found the applicant’s unfitting medical condition for Mitral insufficiency, congenital versus post rheumatic as having existed prior to service (EPTS), without service aggravation.  The IPEB recommended to the Physical Review Council (PRC) that the applicant be discharged under other than Chapter 61, Title 10, USC; and, the PRC agreed with the IPEB’s diagnosis and final disposition.  The applicant concurred with both the IPEB and PRC findings and recommendations.  On 29 May 69, officials in the Office of the Secretary of the Air Force approved the recommendation of the PRC and directed that the applicant be separated, without entitlement to any benefits under the provisions of Chapter 61, Title 10, USC.  DPPD indicated that the applicant was consequently sent home pending final action of his PEB proceedings.  Discharge action was effective on 4 Jun 69.

DPPD stated that the fact that the member was unavailable to sign his DD Form 214 at the time of his discharge processing is irrelevant.  Had the applicant been eligible to receive disability severance pay, the Accounting and Finance Office would have paid him at the time of his separation.  No payment was ever made because he was not entitled to any military benefits under the provisions of Chapter 61, Title 10, USC.  The applicant’s ineligibility to receive disability severance pay is reflected throughout his MEB/PEB process, including his DD Form 214.  The applicant has not submitted any material or documentation to show he was improperly rated or processed under the provisions of military law and policy at the time of his disability discharge.

The HQ AFPC/DPPD evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 9 July 2002 for review and response.  As of this date, no response has been received by this office (Exhibit D).
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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.

3.	The application was not filed within three years after the alleged error or injustice was discovered, or reasonably could have been discovered, as required by Section 1552, Title 10, United States Code (10 USC 1552, and Air Force Instruction 36‑2603.  Although the applicant asserts a date of discovery which would, if correct, make the application timely, the essential facts which gave rise to the application, were known to applicant long before the asserted date of discovery.  Knowledge of those facts constituted the date of discovery and the beginning of the three-year period for filing.  Thus, the application is untimely.

4.	Paragraph b of 10 USC 1552 permits us, in our discretion, to excuse untimely filing in the interest of justice.  We have carefully reviewed applicant's submission and the entire record, and we do not find a sufficient basis to excuse the untimely filing of this application.  The applicant has not shown a plausible reason for delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits at this time.  Accordingly, we conclude that it would not be in the interest of justice to excuse the untimely filing of the application.
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DECISION OF THE BOARD:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.
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The following members of the Board considered this application in Executive Session on 15 August 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 7 Jun 02, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPD, dated 3 Jul 02.
   Exhibit D.  Letter, SAF/MRBR, dated 9 Jul 02.

                                   Vice Chair